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(영문) 대구지방법원 2015.10.28 2015고단4080
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 04:10 on October 1, 201, the Defendant rejected the request of the Defendant during the process of drinking the victim D(25 years of age) and drinking alcohol, the Defendant saw the victim to sit on the floor of 3 through 4 times with the hand floor, scambling the scam on the floor, scambling the face into drinking water, scambling the 4 weeks of water on the right side in need of approximately 4 weeks of treatment.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Description of the written diagnosis of injury;

1. Application of the video Acts and subordinate statutes to the victim photograph;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing [the scope of applicable sentences under law] under Article 62(1) of the Criminal Act (which shall be considered as favorable sentencing conditions among the reasons for sentencing) of the suspended sentence [the scope of applicable sentences under law] under Article 62(1) of the Criminal Act, types 1 to 7 years of imprisonment [the decision of applicable sentences] under general injury [the decision of applicable sentencing] [the scope of recommended sentences] 4 to 1 year and 6 months] under the basic area / [the scope of suspended sentence] - there is no effort to recover negative damage: there is no criminal record of the suspended sentence or more - there is no positive or positive reason for general participation - there is no criminal record of the suspended sentence [the decision of applicable sentence] even though the defendant has been punished three times as a fine for the crime of injury, and did not make efforts to recover damage,

However, it cannot be deemed that the degree of injury inflicted on the victim is very serious, and the defendant has no penalty heavier than the fine, etc., the punishment shall be determined as ordered in consideration of all the sentencing conditions favorable to the defendant, such as the defendant's age, character and conduct, and circumstances after the crime, etc.

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