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(영문) 대구지방법원 경주지원 2016.07.20 2015고단1097
상해
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a company member fee, such as the victim B (33).

On June 14, 2015, the Defendant, at around 02:00, engaged in a dispute with the victim in the “Dpenta” located in Young-gun, Chungcheongnam-gun, Chungcheongnam-gun, and then suffered bodily injury, such as inside and outside of the victim, 56 days of treatment, and the outer wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to injury diagnosis certificates and copies of diagnosis certificates;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The application of the sentencing guidelines [the scope of the sentencing guidelines] general injury (the scope of the recommended sentences] and the basic area (the imprisonment of April to January) (the imprisonment of one year and six months) [the person who is subject to special mitigation] of the penalty non-members [the person who is subject to special aggravation] of the punishment [the person subject to general mitigation] has no record of criminal punishment;

2. Determination of sentence of this case does not fit the nature of the crime, such as the occurrence of serious injury to the victim, but the punishment shall be determined as set forth in the text, in consideration of the fact that the defendant is against himself and is the first offender, and that he has agreed with the victim only smoothly;

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