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(영문) 대구지방법원 2017.07.18 2016고단5349
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2016, the Defendant, at around 19:00 around 17, 2016, got back with a confluence value sold by the Victim C (Woo, 89 years old) who was the Defendant’s branch, in front of the residence of the Defendant in Busan-si B.

At the same time, “the year in which it is 000 or more” and “the year in which it is 100,000 or more,” and assaulted the victim’s two arms in a lux and Madles.

As a result, the Defendant inflicted bodily injury on the victim, such as knish salt, tensions, etc. that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Minor injury (1, 4 types) in the mitigated area (2 months to 1 year) (2 months to 1 year) of the reduced area, the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) general injury;

2. Circumstances unfavorable to the decision of sentence: The nature of the crime is grave if the defendant inflicts an injury on the victim who was the beginning of the crime, frighten. Circumstances that are favorable for him/her to receive an injury from the victim: The degree of injury is relatively insignificant. The degree of injury is relatively minor. The defendant has no record of punishment exceeding a fine since 2000. It appears that the defendant's mental and physical health is not good, and other circumstances that are conditions for sentencing, such as the defendant's age, sex and environment, family relationship, relationship with the victim, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc. are considered;

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