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(영문) 대구지방법원 김천지원 2020.01.08 2019고단1267
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 6. 28. 02:00경 구미시 B에 있는 C 앞에서 술에 취하여 대학 후배인 피해자 D(22세)과 장난을 치던 중 피해자에게 “손 치워라, 니 그러다 맞는다”라며 하였으나 피해자가 말을 듣지 않는다는 이유로 화가 나 주먹으로 피해자의 얼굴을 때리고 손으로 목을 할퀸 뒤 피해자의 왼팔을 깨물었다.

As a result, the Defendant inflicted injury on the victim, such as an injury to the b8-day aggregate, etc., which requires treatment for more than 4 months, and a injury such as external stress disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of the law to the opinion and the medical certificate;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the scope of punishment] general injury [the type 1] general injury [the person who is a special person] - the element of aggravation of punishment: The factors of aggravation of punishment: serious injury (the victim has undergone an operation to inserting the bones of the luminous bones, and has received psychological pain, such as stress disorder, etc. subsequent thereto) / the basic area of injury [the scope of recommendations and recommendations] 4 to 1 year and 16 months [the scope of recommendations and recommendations] - There is no history of criminal punishment [the grounds of suspension of execution] - There is no history of criminal punishment - there is no major pride: If there is no history of criminal punishment; - The major reason for reduction of punishment - The cause of serious injury occurs - The cause of general pride: Social relation and contingent crimes clearly;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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