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(영문) 대구지방법원 서부지원 2016.04.07 2016고단93
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 21, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Punishment, etc. of Violence Act (joint injury) in the Seo-gu District Court’s Branch Branch Branch, and the trial of the above appellate court is pending in the Daegu District Court.

【Criminal facts against the Defendant: (a) on October 17, 2015, on the grounds that the victim D (22 years old) was found in front of the “C control point” located in Daegu-gu Office B, Daegu-gu; (b) on the ground that the Defendant, by hand, tried to keep the victim at one time and continuously reported on 112, the Defendant was suffering from the victim’s scam and scambling the victim’s head and scambling the victim over the floor, thereby making up approximately two weeks of the victim’s treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A medical certificate or an injury medical certificate;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. In light of the fact that the Defendant was investigated by committing a crime of violation of the Punishment of Violences, etc. Act (joint injury) around July 2015 on the grounds of sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order, the Defendant’s liability for the crime of this case is very heavy.

However, the sentencing conditions, such as the accused's age, sex, environment, motive and background of the crime, relationship with the victim, circumstance after the crime, etc., shall be determined in full view of the following: (a) the accused led to the confession of the crime; (b) the degree of injury of the victim is relatively relatively minor; (c) the injured person was not punished against the accused by agreement with the victim; and (d) there was no record of punishment exceeding the fine imposed against the accused; and (e) the sentence shall be determined

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