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(영문) 대구지방법원 김천지원 2016.11.24 2016고단1060
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 55) are in the ex post facto relationship.

On April 30, 2016, the Defendant: (a) around 17:30 on April 30, 2016, on the street in front of the D cafeteria in Kimcheon-si C, and (b) on the ground that the previous victim demanded the Defendant to pay money by telephoneing the Defendant; (c) he saw the victim as her hand at the time of the victim’s blick, and several times of the victim’s side gate and face face with drinking, etc., the Defendant spaced up with a chest gate that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Photographs of the victim;

1. Application of investigation reports (based on the screen of CCTV at a Dcafeteria and the screen of video CD), investigation reports (based on the business owner of a D cafeteria and the relative search and investigation into the victim of the D cafeteria), investigation reports (based on the attachment of medical certificates), and the application of Acts and subordinate statutes to investigation reports;

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the applicable criminal facts;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. Reasons for sentencing under Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the issuance of an order for compensation is inappropriate as the defendant and the victim have agreed separately with each other);

1. One month to seven years from the date of imprisonment with prison labor for a prison labor in law; and

2. Class 1 (General Bodily Inflicting) (Specially Inflictingd Persons): Minor injury and non-members of punishment [Scope of Recommendation] from one month to one year (Special Mitigation Area) of imprisonment with labor for a minor injury.

3. The sentencing conditions shown in the arguments of this case, such as the degree of damage caused by the sentence, the full agreement with the victim, the age, character and conduct, environment, family relationship, circumstances after the crime, and criminal records, shall be comprehensively considered and sentenced as the order.

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