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(영문) 대구지방법원 2018.12.06 2018고단3797
상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. 2018 고단 3797 피고 인은 2018. 6. 6. 04:30 경 대구 북구 C에 있는 ‘D’ 앞 도로에서, 과거 자신의 회사에서 근무하다가 퇴사한 피해자 E과 술을 마신 후 차 안에서 잠을 자고 있던 중 대리기사가 도착하여 피해자가 자신을 깨운다는 이유로 차에서 내려 주먹으로 피해자의 얼굴을 수 회 때리고 넘어진 피해자의 몸을 수 회 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as the removal of the inside and the floor's closure frame in need of approximately six weeks of treatment.

2. On July 26, 2018, Defendant 3900, on the ground that the victim H (28 years old) who is a business employee that supplies goods to the said marina in front of G Mart located in the Daegu Suwon-gu F on July 26, 2018, parked a vehicle for business use in front of the said marina and interfered with traffic by parking it on the front of the said marina, and the victim and the Sifined with the victim, he suffered injury to the victim, such as an oral entry that requires approximately two weeks of treatment, and an open road of the oral mouth.

Summary of Evidence

[2018 Highest 3797]

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A report on investigation (the J telephone call of a witness);

1. A report on investigation (Attachment of a medical certificate), and a medical certificate (2018 high group 3900);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Photographs of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) Where each injury [the scope of recommended punishment] has been reduced by Category 1 (General Bodily Injury) (2 months to October) (including special mitigation persons), penalty not for punishment (including serious efforts to recover damage), or has been restored by considerable damage;

B. The scope of final sentence due to the aggravation of multiple offenses: the circumstances below the decision of the sentence sentenced from February to March, 1, and others, and the defendant.

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