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(영문) 대구지방법원 포항지원 2019.11.27 2019고단943
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2019, the Defendant: (a) around 19:50 on May 18, 2019, the victim D (the age of 61) was able to see the victim’s her neck over once by her hand on the ground that the victim D (the age of 61) did not inform the Defendant of personnel expenses of KRW 1.5 million; and (b) the victim’s her neck was her two diagnosiss that require treatment for about 15 days.

2. The Defendant, at around 20:10 on the same day as Paragraph 1, when the victim E (at least 54 years of age) who is the wife of D at the same place as Paragraph 1, followed the Defendant’s D when the Defendant was at the time, he saw the victim’s left side with his hand, one time.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D's statement among the second police interrogation protocol against the defendant

1. Each police statement of the F, D, and E;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with labor for April to June;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: From April to November 11 (the maximum of crimes No. 2).

3. The fact that the defendant who made the decision of sentence could have been punished for the same kind of crime, and that no damage reimbursement or agreement has been reached.

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