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(영문) 대구지방법원 2016.07.14 2016고단1224
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2015, at around 02:00, the Defendant: (a) took a bath in front of the Defendant’s operation “Csing room” in Daegu Northern-gu B; (b) even if the victim D (47 aged) who is the customer continued to refrain from an disturbance on the ground that the victim’s her will was not able to do so; (c) went beyond one time at the victim’s face by drinking her own food; and (d) caused the victim’s bodily injury to the victim several times by raising about six weeks of the victim’s body, which requires approximately six weeks of medical treatment; and (e) taking approximately five weeks of internal walls, and taking approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. An injury diagnosis certificate and each medical certificate;

1. Application of investigation report (a witness F or E's statement confirmation through the field inspection), and statutes on site photographs;

1. Relevant provisions of the Criminal Act regarding criminal facts, Article 257(1) of the Criminal Act regarding the selection of punishment, the reason [the scope of recommendation] for sentencing of imprisonment [the scope of general injury] general in the basic area (from April to one year and six months] (a special sentencing person] (a decision of sentencing] [a decision of sentencing] of the defendant’s crime, the victim suffered serious bodily injury, such as inside, inside, inside, and outside, internal walls that could lead to the occurrence of a merger, such as sinking, clothes, and degradation of eyesight, and cage.

Damage of the victim was not completely recovered.

The defendant has been sentenced to a fine or suspended execution on several occasions, and in particular, in 2010, he/she has been sentenced to a fine for an injury.

Even so, the defendant does not seem to have the form of reflective nature by asserting the motive of the crime contrary to witness's statements, such as the victim first sought the defendant or damaged singing signboards.

Therefore, the defendant is sentenced to punishment.

However, the defendant's age, sex, environment, motive, means and result of the crime shall be considered as favorable circumstances, such as the fact that the defendant had endeavored to reach an agreement in the course of committing the crime.

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