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(영문) 대구지방법원 2016.01.29 2015고단5359
상해
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2015, the Defendant, at around 17:00 on July 2, 2015, performed alcoholic beverages in a knife restaurant in the south-gu Daegu-gu, Daegu-gu, and called a call taxi to the owner of the business at the place of the business. However, the Defendant was a victim D (V, 42 years old) who provided meals on the table table that he did not go to the knife, so that he does not go to the knife.

"In the direction, why is why you fright at the middle, we see, and take a bath that the victim frights the victim, and frights the victim with the meaning of the port, and caused the victim's injury, such as the flick, the impairment of the flick part of the outer wall, the impairment of the flick part of the flick, the flick, the flick, etc., of the victim's chest, by gathering the flick of the victim's face, on the ground that the victim flicked the defendant by gathering the flick with the meaning of the claim, and flicked the victim's chest, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

1. Relevant provisions of the Criminal Act, 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 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury (the scope of general injury) in the basic area (4 months to 1 year and 6 months) [no person subject to special sentencing] [a person subject to special sentencing] [a person subject to a sentence] committed the instant crime even though the Defendant had much history of being punished for the same kind of crime.

It is not good to commit a crime because it uses violence against the victim without any particular reason.

did not receive a letter from the injured party.

However, considering the circumstances favorable to the defendant, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., it seems that the defendant has not committed violent crimes for the last ten years or more, the degree of damage is not excessive, and the defendant is a person with a disability of class 3 in the form of brain divers, etc., the defendant's age, sex behavior, environment, relationship with the victim, motive, means and consequence of the crime.

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