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(영문) 대구지방법원 상주지원 2018.07.17 2017고단569
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 13, 2017, the Defendant: (a) around 19:15, at the “D cafeteria” located in Seodaemun-si, and (b) at the time of the victim E (59 years of age), the Defendant took the victim’s face at one time by hand, who was under drinking alcohol due to an unforeseen reason while drinking alcohol together with the victim E (59 years of age). On September 13, 2017, the Defendant continued to set up against the victim, and sustained the victim’s face at several times, and sustained the victim’s 8 weeks of treatment, and sustained the victim’s eye and the pellet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of the police against the accused (including parts of the second suspect interrogation protocol which include E in the suspect interrogation protocol);

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to F and G;

1. A medical certificate of injury (E) and a medical certificate;

1. Application of Acts and subordinate statutes to reports on occurrence, internal investigation and investigation reports (No. 8, 12, 13, 15, 16, 18, 19)

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. Aggravation of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the range of general bodily injury [the person subject to special sentencing] according to the sentencing guidelines: serious injury (the period of treatment shall be at least four to five weeks, and the injury to a father that remains or is dangerous): Imprisonment with prison labor for not less than six months but not more than two years;

2. The Defendant, who is sentenced to sentence, has committed a serious injury to the victim’s eye of her eye, and the victim suffered a serious injury due to the bones, etc. of one eye.

When a considerable period from the date of the accident to the date of the accident, the victim was unable to completely recover the vision, and it seems difficult to ensure that the force can be fully recovered in the future.

Considering the risk of the price side, the impairment of the oil, etc., the nature of the crime is very poor.

The victim suffered a lot of financial and mental pain due to the accident of this case, and is punished by the defendant.

The above is considered as an unfavorable circumstance.

However, the defendant commits a crime.

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