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대구지방법원 영덕지원 2018.06.20 2017고단294
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 16, 2017, at around 22:30, the Defendant: (a) had been working in the D Garan-gun in the G Garan-gun in the G Garan-gun in the G Garan-gun, and had the Defendant f (59 years old) of the victim f (the 59 years old) who drinking alcohol at the same place; (b) took a bath view that “I ambbb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb k on the victim’s face; and (c) took the victim’s face kb kb kb kb kb k k.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to F and E;

1. A report on internal investigation (in relation to attachment, such as field photographs);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and all of the sentencing factors indicated in the pleadings of this case, including the circumstances after the crime, and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Unfavorable circumstances: Although the defendant had been punished several times for the same crime, he/she again committed the crime of this case; the circumstances favorable to the defendant's injury caused by the crime of this case, such as the defendant's total recognition of the crime of this case and his/her mistake is divided and reflected; and the injured person does not want the punishment of the defendant by mutual agreement with the victim.

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