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(영문) 대구지방법원 2018.06.26 2018고단1748
상해등
Text

A defendant shall be punished by imprisonment for six 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 March 11, 2018, at around 02:30, the Defendant: (a) demanded the victim’s alcohol in “Esing room” operated by “Esing room” located in Daegu Northern-gu C (the age of 52), but the victim was under the influence of alcohol; (b) the victim’s arms were debrised on the ground that the part of the victim’s chest was bad and about to come out of the Defendant’s arms; and (c) laid down the part of the victim’s chest, and laid down the victim’s chest on his hand, and laid down the part of the victim’s chest and her knife the knife knife knife knife knife knif.

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 against B;

1. Application of Acts and subordinate statutes of the investigation report (No. 5,10) (Evidence List No. 5,10);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General / In the area of special mitigation (1 to 1 year) (1 to 1 year), minor injury (including 1 and 4 special mitigation person), punishment non-wons (including efforts taken to recover damage), or considerable damage has been restored (the decision of sentence] 6 months of imprisonment with prison labor, 2 years of suspended sentence, and 2 years of suspended sentence, which are disadvantageous to a person with similar crimes, the punishment has been imposed on several occasions on a similar crime.

A favorable condition: The victim shall not be punished.

The degree of injury is relatively minor.

Rejection of Public Prosecution

1. The Defendant, at the same time and place as above, assaulted the victim B (31) who is an employee of this case, on the ground that the victim B (31) takes the Defendant out of singinging out, and takes the victim’s bath, and assaulted the victim by hand by taking the victim’s blish at one time, on the ground that he is bad.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

(c) Non-members of punishment: A written agreement on May 9, 2018;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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