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(영문) 대구지방법원 2018.06.28 2018고단1742
폭행치상
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2017, the Defendant: (a) around 20:10 on 20:0 on 16:10 on 9:22-6 A flusium, i.e., Sinsan City, the Defendant: (b) without any justifiable reason, against C (59: older than 59) a neighboring party, at the same time room.

“In the face of the victim, the victim was faced with the victim’s hair by hand, and the victim was faced with the victim’s hair on the floor, thereby causing injury to the victim, such as “patch to the right side of an acute trauma, brain, thale, thale, thale, and thale, humphale, etc., which require the victim’s treatment for about five weeks.”

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of a medical certificate), investigation report (related to the statement of a witness D);

1. Relevant Article 262 of the Criminal Act, the choice of punishment for the crime, Article 260 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Social Service Criminal Act [the scope of recommended punishment] There is no person who does not have a basic area (four months to two years) (the person who is in charge of special sentencing) (the person who is in charge of special sentencing) (the decision of sentence] the degree of injury of the victim, and the circumstance that the victim did not receive a letter from the victim is disadvantageous to the defendant.

It is against the crime and the fact that there is no same kind of violence or other criminal records in addition to the punishment of a fine once due to the violation of road traffic law.

All of the sentencing conditions, such as the defendant's age, sex, and circumstances after the crime, shall be determined within the scope of the above recommended sentence, taking into account the above sentencing conditions.

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