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(영문) 대구지방법원 서부지원 2019.08.13 2019고단341
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 12, 2019, at around 00:20, the Defendant, without any justifiable reason, sent back the victim D (V, 44 years old) who was a customer in the next place in Seo-gu, Daegu-gu, Daegu-gu, and had the victim her brain in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (related to the confirmation of statements made by shot persons);

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

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2000Du148, Apr. 1, 2

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] There is no general injury [the scope of recommendations and recommendations] [the scope of recommendations] basic area, the imprisonment with labor for April to one year and six months [the general person] - The factors of mitigation [the reasons for suspension of execution] - The factors of serious self-esteem [the reasons for suspension of execution] - the contingent crime, serious reflector - the general reason for non-unlawful: no effort to recover damage is made.

3. Determination of sentence: Four months of imprisonment and two years of suspended sentence;

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