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(영문) 대구지방법원 포항지원 2016.06.15 2016고단148
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who was a long-term guest of the Eelel operated by the victim D in South-gu, Seoul at port.

At around 12:30 on August 15, 2015, the Defendant received a demand from the victim in arrears from the above Mael Information Center to demand that the victim pay KRW 40,000,000, and the Defendant, by hand, brought the victim over the floor by pushing the victim, and boomed the victim's face by drinking about about 30 times, and inflicted an injury on the victim, i.e., blood transfusion, etc. with no open address for about 8 weeks, which requires approximately 8 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. On-site photographs and (to-door photographs of the standing);

1. Application of Acts and subordinate statutes governing the treatment of injury, and the table of 112 Reporting Cases;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection [the scope of recommended punishment] General Injury (the scope of recommended punishment] set forth in Article 62-2 of the Criminal Act on the basis of the following circumstances: (a) self-denunciation in the mitigation area (two months to one year); (b) self-denunciation in the mitigation area (special mitigation/a year); (c) bodily injury (a person subject to a special mitigation/increased punishment); and (d) bodily injury (a person subject to a sentence]; and (b) other factors such as the defendant’s age, sex, environment, motive, means and consequence

3. Unfavorable circumstances: The degree of injury was significant because the face part of the woman under 71 years of age was satisfyed with the face part of the woman under 71 years of age, and was injured by satisfying satisfying, the four times of criminal records for the same kind of crime: 112 reports immediately after the crime, self-denunciation, agreement with the victim, the violation of the victim's mistake through confinement life, the fact that there is no record of criminal punishment exceeding fines.

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