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(영문) 대구지방법원 2017.06.27 2017고단138
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On September 8, 2016, at around 22:40, the Defendant: (a) sustained the victim’s face from drinking to drinking, on the ground that the victim C (24 years of age) who was under influence of alcohol was bad by taking anti-end and bath; (b) had the victim’s face from drinking by hand; (c) had the victim’s face from drinking; (d) had the victim’s face from drinking; (d) had the victim’s face from drinking; (e) had the victim’s face from drinking; (e) had the victim’s face from drinking; (e) had the victim’s face from drinking; and (e) had the victim walking several parts of the victim’s face and side dial part, and caused the victim’s injury, such as the victim’s 4 weeks of diagnosis, breath, other optical boness, and the mouth of stroke, stroke, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. A statement concerning G and a written statement of G concerning the police;

1. A written diagnosis of injury to the victim C;

1. A detailed statement of the processing of each reported case;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a written confirmation of release from entrance) and a report on investigation (Attachment of a photograph of the victim);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear and thus it is not reasonable to issue an order for compensation);

1. An injury resulting from an aggravated area (six months to two years) in the aggregate area (six months from June to two years) of the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. In light of the fact that the victim and witness consistently made a statement about the crime of the defendant, but they are not contradictory to the denial of the crime, the degree of injury inflicted by the defendant is serious, and the victim's failure to recover damage so that they want to be punished strictly, the sentence to the defendant should be imposed, and the defendant's age, sex and environment, family relationship, relationship with the victim, motive, circumstance, means and consequence of the crime, etc. shall be taken into account.

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