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(영문) 대구지방법원 2016.10.18 2016고단3778
상해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 28, 2016, the Defendant: (a) around 21:45, in front of Daegu-gu, Daegu-gu, the victim C (Nam, 61 years of age) who had an inner side in the Dong-gu, together with the dong-gu, stated, that “I see another day after conducting a test, such as Nnorara or running horse,” and “I see it once again, I see it,” and “I see it, I see the victim’s face one time by drinking.” (b) the victim’s arms to prevent it, and (c) the victim’s four knife with the victim’s four knife, who tried to restrain it, and then saw the victim’s four knife with the victim’s four knife, thereby causing an injury to the victim by cutting off the victim’s four knife of the number of units per four square meters of diagnosis.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

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 of the Election of Imprisonment;

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

1. Persons who are not subject to the punishment in the mitigated area (two months to one year) (special mitigation) in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, general injury; and

2. Consideration - A favorable circumstances: A person who has not been sentenced to a fine or a heavier punishment; a person who has not been sentenced to a stay of execution or more; a person who has not been sentenced to a fine due to the same kind of crime; a person who has not made full efforts to treat or take into account the Defendant’s age, character and conduct, health conditions, home environment, motive, means, consequence, and circumstances after the commission of the crime; and a person who has not been sentenced to a fine and five times for the same crime;

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