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(영문) 대전지방법원 2020.05.07 2019고단5117
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is the dong line B, and the victim C(25 years of age) and the victim D(25 years of age) are the names of the above B.

On March 24, 2019, around 02:45, at the main point in Daejeon Jung-gu, Daejeon, the Defendant continued to show that the victim C, who was a next table, had the victim C, had the horses considered to be "a short-term motor vehicle," and caused the victim C twice to knee, and knee three times to knee and drink, despite the Defendant's restraint.

As a result, the Defendant inflicted injury on the victim C, such as a felling of the mouths that require approximately six weeks of medical treatment, and assaulted the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A photograph of the body part of the victim, a death diagnosis certificate, a copy of medical record, and a medical certificate;

1. A CD;

1. Application of Acts and subordinate statutes to report the occurrence of violence, report on internal investigation (on the spot and the statement of F, G, and H), and report on internal investigation (the statement of the suspected suspect D or C);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) A primary crime (influence of types) (influence of injury) (influence of types), a general injury [Type 1] general injury (Special Aggravation of Punishment): a serious injury (type 1, 4): an aggravated area (influence of recommendations and the scope of recommendations) (influence of punishment), six months to two years;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six to two years of imprisonment (the maximum of crimes No. 2).

2. Determination of sentence acknowledges the instant crime and reflects his fault.

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