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(영문) 대구지방법원 2017.06.30 2017고단1712
상해
Text

A defendant shall be punished by imprisonment for 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 November 1, 2016, 01:45, the Defendant, at the front of the Daegu Northern-gu, Daegu Northern-gu, 2016, was under the influence of alcohol while driving a vehicle after having arrived in the vicinity of the Defendant’s office, the victim C (V, 43 years of age) who is an acting engineer, and parked a vehicle.

“In doing a bath, the victim’s body was tightly sealed with two fingers, and the victim was quihed with the face of the victim, with approximately 14 days’ face, resulting in an injury to the victim, such as salt, tension, etc. of the shoulder, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. The application of each description of the victim's photograph, the victim's 112 report processing list, the injury diagnosis certificate, a copy of medical records, the certificate of criminal investigation report, and the provisions of statutes related to video conversations;

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 conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of the applicable sentences in law] : one to seven years of imprisonment [the person subject to special sentencing] - The general injury (the general person subject to sentencing] - [the scope of the recommended sentence] mitigated area / [the scope of the recommended sentence] two months or one year [the scope of the recommended sentence] / The main reason for suspended execution - The main reason for minor injury - there is no effort to recover adverse damage (the decision of the sentence ] there is no effort to recover damage, even if the defendant had had the past record of criminal punishment on several occasions, even though the victim did not completely endeavor to recover damage. However, the degree of injury inflicted upon the victim appears to have not been serious, considering the conditions for sentencing favorable to the defendant, including the fact that the defendant had no criminal punishment for the last five years, and all other conditions for sentencing, including the defendant's age, sex, and circumstances after the crime.

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