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(영문) 대구지방법원 영덕지원 2019.08.28 2019고단65
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. Around 02:50 on January 1, 2019, the Defendant suffered bodily injury from a special injury: (a) in the “Camina” located in Young-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) in the “Camina” of the victim D (n, 41 years of age) and the dispute with the victim, the victim’s neck was boomed twice by hand; and (c) in the face of the victim, the cam, which is a dangerous object on his/her table, was collected to the face of the victim; and (b) caused the victim’s injury, such as the mouth and mouth heat in the mouth, which requires approximately two weeks of treatment.

2. On February 15, 2019, at around 00:10, the Defendant suffered injury from “F” in front of, and from, the victim G (In women, 52 years of age) on the road located in Yong-gun, Chungcheongnam-gun, Kim Young-gun, the Defendant received a claim from the victim G, and caused injury to the victim, such as the scambry of the part of the victim, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Each report on investigation;

1. 112 reported case handling table;

1. A medical certificate or an injury medical certificate;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for a period from six months to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Determination of Punishment) (Special Bodily Injury) (Special Bodily Injury) (No. 1) Special Bodily Injury (Special Bodily Injury) (Special Bodily Injury) (No. 1) (the scope of recommendations and recommendations) and six months to two years.

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