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(영문) 대구지방법원 김천지원 2020.06.10 2019고단935
상해
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2019, at the C Center parking lot located in Gumi-si B around 22:40, the Defendant was injured by the victim D (the age of 43) who was working partner D, who was able to take a bath, who was able to take the face of the victim due to drinking, who was able to walk the victim in several times due to the outbreak of the victim, and caused the victim's injury, such as the suppression of the bones, which requires about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement made to D by the police;

1. Application of a medical certificate, injury photographing statute;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. Although the sentence of punishment is serious injury suffered by the victim, the sentence shall be determined as ordered in full view of the following: (a) the defendant is fully recognized; (b) the victim does not want the punishment of the defendant by agreement with the victim; (c) the background leading up to the crime; (d) the degree and result of the damage; (e) the circumstances leading up to and after the crime; and (e) the age, character and conduct, environment, and criminal records of the defendant;

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