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(영문) 대구지방법원 상주지원 2017.04.18 2017고단76
상해
Text

A defendant shall be punished by imprisonment for four 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 July 30, 2016, at around 22:50, the Defendant: (a) put up the victim B (53) who was an acting driver of the Defendant’s cargo vehicle on behalf of the Defendant, at the right side of the Jincheon-gun, Gancheon-gun, Dongcheon-gun, Dongcheon-gun, Eup-do; and (b) put up the victim B (53) who was an acting driver of the Defendant’s cargo vehicle on behalf of the Defendant, with an acting driver’s fee fat; and (c) put up the victim’s batfat; and (d) set up the fat at the vehicle.

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Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made with respect to C, B, and D;

1. Each internal investigation report (No. 5,6) and each investigation report (No. 8,9,17 No. 17)

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. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as set forth below), inflicted an injury upon the victim, who is an acting driver, without any particular reason.

In the process of causing injury, the Defendant’s words and actions are not good.

In addition, the Defendant denied the crime in the investigative agency, and also acted as the victim of the assault.

Many of the defendants have criminal records of violence.

Considering the circumstances of the crime such as the above, the words and actions before and after the crime, and the relationship of criminal records, the defendant should be punished strictly.

However, when the defendant comes to this court, the fact that the defendant recognized the crime of this case and reflects it, the fact that the defendant agreed with the victim, etc. are considered as favorable circumstances, and other factors for sentencing indicated in the arguments and records of this case shall be considered to be determined as ordered.

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