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대구지방법원 포항지원 2018.10.04 2018고단754

A defendant shall be punished by imprisonment for not less than eight 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.


Punishment of the crime

On May 29, 2018, the Defendant: (a) was unable to arbitrarily remove the number of the victims E (V, 22 years of age) who are nurses at Dongdong-gu's 4th class patient rooms in Nam-gu, Nam-gu, and (b) prevented them from arbitrarily removing the number of the victims entering the port; and (c) caused the Defendant’s injury to the end in the middle of about 42 days of treatment to the next victim on May 29, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and recording document;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. According to Article 62-2 of the Criminal Act on the observation of protection and observation, when considering unfavorable circumstances such as the fact that an injured person wants to escape the Defendant’s severe punishment as a result of assault committed against a nursing private person for reasons of which it is difficult to understand the Defendant, the nature of the offense in this case is extremely poor. Nevertheless, as the injured person failed to recover the damage properly, it is necessary to strictly punish the Defendant, but it is necessary to suspend the execution of imprisonment with labor on the condition that the injured person can observe more favorable conditions than once in order to give more opportunities for protection by taking into account favorable circumstances such as the fact that the injured person wants to escape the Defendant’s severe punishment. However, it is class 4 of cerebral disease, which is not physical and mental health due to symptoms of alcohol alcohol, recognition of hys, urology, and liver disease.

B. A variety of sentencing factors, such as the motive, means, and consequence that led to the instant crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., shall be equally considered in determining the punishment as ordered.