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(영문) 대구지방법원 2018.02.08 2017고단5937
상해
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 April 6, 2017, at around D 15 in Daegu Northern-gu C around 23:00, the Defendant expressed the victim E (60 years) and the victim under drinking alcohol on the ground that he does not know the victim E (60 years of age) and the amount of the language, and expressed the victim’s desire to “in 10 days of the victim’s face, I am the victim’s breath, and am the victim’s breath in 10 days of age.”

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Investigation report (in respect of submission of a written diagnosis of injury) - The written diagnosis of injury;

1. Investigation report (as to the attachment of photographs of the body part of the victim), photographs;

1. A report on investigation (report accompanied by a copy of medical records to be submitted to victims E) - a copy of medical records;

1. Investigation report (Listening to the victim’s statement by reference F phone) “The victim’s image of the upper part of the victim’s body shows that the snowbrow, in addition to the brow tear part, can have been seen to have been caused by shock, and the victim was sleep from the neighbor F. The victim was slick from the neighbor F

In light of the fact that the victim stated that there is no reason to dismiss the defendant unlike the victim, and that the victim immediately reported to the police after being injured by the victim, but the defendant did not take any particular measure until reporting to the police, the credibility of the victim's statement that the victim suffered bodily injury is recognized.

[Application of Laws]

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [the scope of recommended punishment] No person who does not have the basic area (four months to one year and six months) (the person subject to special sentencing) (the decision of sentence] [the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.] (the decision of sentence] is a condition for sentencing, such as the defendant's age, sex, behavior, environment, motive, means and consequence of the crime.

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