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(영문) 대구지방법원 2017.03.17 2017고단297
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 02:00 on January 2, 2017, the Defendant expressed the victim D (46 tax) and drinking alcohol to each other as the age problem while drinking in Daegu-gu B, Daegu-gu, and expressed the victim’s desire to “this son, her head, her head, her head, and her head are faced with the customer.”

As a result, the defendant suffered from the second left side and the inside side of the entrance in which the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of general injury) is reduced area (two months to one year), the punishment is not suspended (including serious efforts to recover damage), or damage is restored to a considerable part;

2. Determination of sentence of punishment has been made several times, taking into account the circumstances prescribed in Article 51 of the Criminal Act, such as the fact that the accused has the same criminal records as that of a fine or heavier punishment, the fact that the accused is against the victim, the fact that the accused has agreed with the victim, and the attitude in the court of the accused, etc.

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