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(영문) 대구지방법원 경주지원 2018.07.12 2018고합26
중상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On March 3, 2018, the Defendant walked on the parking lot of the Yongsan River that is located in the 34-lane 34, which is the 1stm of the Sim-si, on March 3, 2018, in drinking alcohol, together with drinking alcohol, and caused an obscure state of food for at least ten (10) days by drinking alcohol victims C (63 tax), D, E, and drinking alcohol due to the desire of the D under the influence of alcohol, and by drinking alcohol from the damaged person during drinking alcohol, the Defendant was able to remove the victim from the damaged person during drinking, and walking the victim's face strongly by walking the head over the floor, and the victim was faced with the head on the floor, resulting in an unknown state of food by means of the two opening labing of the opening, the external labing of the external lab, the external labing of the trauma, etc.

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer of F (AF children of victims), D, and E;

1. Investigation report (Attachment of opinions and nursing records), opinions, and copies of medical records;

1. A report on investigation (the confirmation of the state of a victim);

1. A written diagnosis of injury;

1. Application of the CDA-1 statute

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing)

1. Application of the sentencing criteria [types] 1 year to 1 year and 6 months (amended by the lower limit of the applicable sentencing period) of general injury to violent crimes: Class 2 (Inflicting of Special Sentencing), the number of persons not subject to punishment (including serious efforts to recover damage) / [the scope of the recommended punishment] mitigation area, six months to one year and six months (the scope of the corrected recommended punishment]; and

2. Despite the past history of punishment for multiple violent crimes, the Defendant committed the instant crime that inflicts bodily injury on the victim.

The victim, due to the injury inflicted by the crime of this case, has been in a difficult situation, such as undermining recognition function or abnormal behavior, so continuous medication and rehabilitation treatment have been required, and it is uncertain whether the victim completely recovers from treatment or not.

However, the defendant's mistake.

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