(영문) 대구지방법원 2016.11.10 2016고단4411

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.11.10 2016고단4411

상해

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

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

Reasons

Punishment of the crime

On May 11, 2016, in Daegu City, at around 02:18, the Defendant brought the victim D (Nam and 23 years of age) at the C cafeteria located in Daegu City, Daegu, on the ground that the Defendant and female-friendlys of the Defendant would be coomed, and brought the victim's face one time due to the Defendant's drinking, and continued to have the victim's face one time due to the other hand.

As a result, the defendant tried to open a face that requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing [the range of recommendations] under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below) is general injury (the scope of recommendations] under Article 62(1) (the scope of general injury). There is no basic area ( April to one year and six months) [the decision of a sentence] [the decision of a special person] unfavorable: there are several criminal records identical to the defendant.

The favorable circumstances: Defendant’s daily activity and the victim’s daily activity conflict with each other, which led to the Defendant to commit the instant crime by contingency.

The defendant is against the defendant.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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