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(영문) 대구지방법원 안동지원 2017.01.13 2016고단735
상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

1. On September 17, 2016, the Defendant injured the victim C at an open space in front of the Defendant’s house located in Ansan-si, around September 17, 2016, when the Defendant was aware of the Defendant’s pro-friendly victim C, which was accumulated by his mother of the ordinary child, etc., the Defendant saw the victim’s chest into several times due to the Plaintiff’s frying of the mother of his mother. As a result, the Defendant flicked the victim’s chest, flick on the left side of the victim, flicked the victim’s flick on the treatment date, and flicked the victim’s right hand on the right hand on the treatment date.

2. The Defendant injured the victim E at the above time and place, who met the Defendant’s above assault, she was kneeeing the victim’s knee, and kneeeing the victim’s knee, kneeing the victim’s knee, and kneeing the victim’s left-hand knee, thereby requiring the victim’s treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Each police statement protocol against C and E;

1. Reporting on the arrest of a case;

1. A report on internal investigation and accompanying materials;

1. A criminal investigation report and attached documents [the defendant denies all the facts charged in the instant case, but is consistent, specific, and may believe in accordance with other objective evidence.

According to the above evidence, there is sufficient proof of guilt as to the facts charged of this case according to the investigation agency and the legal statement of the victims.

[Determination] Application of the statute

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Recommendations based on the sentencing criteria;

(a) Each type of injury 1) Determination: Determination of each category of injury, general injury, and one-year and six months of imprisonment, respectively, in the sphere of recommendation: 3) the scope of each recommendation: Imprisonment with prison labor for not less than four months, or one-year and six months;

(b) Four months to two years and three months of imprisonment with prison labor according to the final sentence scope according to the standards for handling multiple crimes;

2. Sentence;

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