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(영문) 대구지방법원 포항지원 2020.03.25 2019고단518
상해
Text

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

Reasons

Criminal facts

On September 23, 2018, at around 02:21, the Defendant, at the main point of the operation of the Victim C (Y, 34 years of age) located in Nam-gu B, Nam-gu, Nam-gu, in the event of dispute with the victim, brought an injury to the victim, such as salt ties, tensions, etc., of the clify that require approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. CCTV image closure photographs;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing of imprisonment with prison labor, pursuant to applicable law to facts constituting an offense, Article 257 (1) of the Criminal Act chosen to impose a sentence;

1. The scope of punishment by law: One month to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] There is no general injury [the scope of recommendations and recommendations] [the scope of a person who has a special injury] [the scope of recommendations and recommendations] fundamental area], there is no person who has been sentenced to imprisonment for 4 months to 1 year and 6 months [the grounds for suspension of execution] [the grounds for suspension of execution] - There is no criminal conviction in the same kind of crime (the fine not exceeding 5 years) - there is no criminal conviction in the general pride (the fine not exceeding 3 times within 5 years): No person who has been sentenced to suspension of execution or more

3. In addition to the above sentencing factors, considering the fact that the defendant has a record of identical violence nine times, etc.

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