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(영문) 대구지방법원 서부지원 2019.05.30 2018고단3299
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 2018, the Defendant dialogueed on September 20, 2018, around 07:20, the issue of the order of the victim C(38 years of age) and the food party in the Daegu Silverg-ro 2624, the luxe-ro, the luxe-ro 2624.

서로 말다툼을 하게 되어 피해자가 비상벨을 눌러 교도관을 호출하고 “A이 저를 때리려고 합니다”라고 말하자 화가 나 주먹으로 피해자의 얼굴을 2회 때리고, 교도관의 제지로 거실 밖으로 나오던 중 다시 피해자에게 달려들어 주먹으로 피해자의 얼굴 부분을 2회 때리고, 발로 피해자의 얼굴 부분을 1회 찼다.

As a result, the defendant injured the victim about 14 days of treatment, such as face opening.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and E;

1. Application of Acts and subordinate statutes to the investigation report, report on investigation, and report on investigation;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the general injury [Type 1] and there is no general injury [the scope of the recommended and recommended punishment] [the scope of the recommended punishment], the basic area of the punishment, four to one year [the general person], and one year and six months [the general person] - The aggravated element: There is no repeated crime of this category, nor the division of the same punishment (less than ten years after the completion of execution] that does not constitute a repeated crime (the grounds for suspension of execution of sentence].

3. Determination of sentence: A normal condition favorable to 6 months of imprisonment: The defendant does not receive a letter from the victim until now, such as the fact that the defendant has been aware that he had been punished several times for violent crimes including the same kind of crime, and that the defendant has not been aware of the fact that he had been punished several times, and that the risk of repeating the crime of this case is high again, and that the victim want to punish the defendant;

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