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(영문) 대전지방법원 2020.12.16 2020고단3672
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 13:42 on June 3, 2020, the Defendant: (a) heard the fact that other patients want to take part in a way between the Defendant and the victim B (Nam, 71 years of age) who was in the Dental Health Doctor Ec in Daejeon-gu, Daejeon-gu, and tried to inflict an injury on the victim, by assaulting the victim, such as the victim’s face and body part at a time when the victim’s face and body part are cut off, and walked twice in a way that the victim’s body part is taken off and walked twice, which requires three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Photographs of damage situations;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 25(1)1, Article 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (Article 25(1)1, Article 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (Article 1,000,000 won for mental damage - Payment 3,000,000 won for the period of compensation, and KRW 2,000,000 for future medical expenses, and Article 25(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Litigations,

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury (special person) - the element of mitigation: In cases where a penalty is not imposed (including serious efforts to recover damage), or considerable damage is recovered, the element of aggravation: The victim (the scope of recommendations and recommendations), who is vulnerable to the crime (the scope of recommendations and recommendations), the basic area of the victim [the scope of recommendations and recommendations], the period from April to one year [the general person] - the element of mitigation: There is no record of criminal punishment (the reason for suspension of execution ] - there is no record of major pride: There is no record of criminal punishment - The major reason for mitigation is a victim vulnerable to the

2. Determination of sentence;

(a) Conditions disadvantageous to: the fact that the elderly victim suffers a considerable injury;

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