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(영문) 대구지방법원 안동지원 2018.11.23 2018고단504
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 8, 2018, the Defendant, on the ground that the victim D (23 tax) who was under drinking alcohol at the place in Ansan-si B, Dongdong-si around 04:15, viewed the victim's face as a trial expense one time, and caused injury to the victim, such as a labbbbbbing the victim's face at several times, and the victim's face was taken one time, and the victim's face was taken one time, and the victim's face was able to receive approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (damage load, etc.), investigation report (in relation to attachment of a medical certificate and change of the name of a crime), investigation report (in relation to attachment of CCTV images), and investigation report (in addition to

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The basic area (two months to one year) (any person subject to special mitigation) of the sentencing criteria [the scope of recommended punishment] general injury shall not be punished;

2. The degree of injury suffered by the victim who has been sentenced to the sentence is very heavy;

The defendant has a record of being sentenced to suspension of indictment on November 2017 as a crime of harming the same species.

However, the Defendant agreed to pay the amount agreed upon to the victim in the future.

There is no record of criminal punishment against the defendant.

The defendant shows his attitude to recognize and reflect his mistake.

In addition, a suspended sentence is to be imposed by comprehensively taking account of all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive and background of the crime, and the circumstances after the crime, etc., but it is to impose the protective observation to which "to endeavor to recover the damage of the victim caused by the crime in accordance with the agreement with the victim," etc. is to be complied with, and it

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