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(영문) 대구지방법원 2017.07.20 2017고단2453
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 6, 2017, the Defendant: (a) in Daegu-gu, Daegu-gu, around 05:00, told the victim D (19 years of age) to challenge E and F, who is a driving day of the victim, the victim D (19 years of age). When the victim’s face is taken, the Defendant inflicted an injury on the top of the left eye where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Attachment of photographs, such as part of victim D's injury, etc.) - Application of photographic Acts and subordinate statutes;

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 Social Service and Criminal Act / [Scope of Recommendation] General Injury (In general) Nos. 1 (6 months-2 years) and (6 months-2 years) (limited to a special aggravated person) / [decision of sentence] the following circumstances, comprehensively taking into account the following circumstances, such as the defendant’s age, sex, conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered.

D. Unfavorable circumstances: Considering the fact that, in light of the eye of the victim who is gallled, the snow was teared, damaged, and could have been damaged, and that there was no agreement with the victim, the victim could have suffered greater damage. Considering the favorable circumstances: (a) the Defendant led to the crime; (b) the Defendant was the first offender with no criminal history; and (c) there was no criminal history.

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