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(영문) 대구지방법원 2017.06.15 2016고단5681
상해
Text

A defendant shall be punished by imprisonment for six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 7, 2016, the Defendant, in front of E in Daegu Dong-gu, Daegu Dong-gu, around 17:00, brought an injury to the victim’s face one time due to drinking, while arguing that the victim C (V, 77 years old) was able to take a bath to the victim on the ground that he was released from tin-to-date, in which the Defendant was able to do so, and then brought an injury to the victim by cutting the victim’s chest from the victim’s chest to the bottom of the said 8 weeks of treatment.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. The legal statement of the witness C;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear and thus it is not reasonable to issue an order for compensation);

1. In cases where an intentional injury is committed in the basic area (from April to one year and six months) (special mitigation (special mitigation)) of the basic area, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, general injury (the scope of the recommended punishment] / In cases where an intentional injury is committed in accordance with the prescribed sentencing criteria, serious injury (the types of 1 and 4);

2. In light of the fact that the degree of injury inflicted by the defendant who was sentenced to the sentence is serious, that the injured person wants to punish the defendant for the severe punishment because the damage has not been recovered, and that the defendant does not peep the true attitude, the sentence should be imposed on the defendant strictly.

On the other hand, the fact that the defendant acknowledged the crime of late late, the defendant intentionally injured the defendant in the process of mutual vision, the defendant committed the injury, and the transfer of 1 million won only for the recovery of the damage, the defendant seems to be relatively good for his old health, and the defendant has no record of punishment except for the same kind of fine for one time.

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