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(영문) 대구지방법원 포항지원 2018.03.21 2017고단1463
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 19, 2017, the Defendant inflicted injury on the victim E (34 tax) operating a restaurant from the fourth floor of the same building to the victim E (34 tax) and outdoor advertising board at the time of posting the victim's face to drinking on July 19, 2017. In light of the victim's face, the Defendant got off the victim for approximately 42 days of treatment.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of each written diagnosis of injury to E, and statutes governing damaged photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury shall be the basic area (from April to January 1) (no person who has any special sentencing factor];

2. The extent of the injury inflicted on the victim who was sentenced to the sentence is not minor, the injury is disadvantageous to the disadvantage that the victim did not receive recovery or agreement, the circumstances that the Defendant reflects the fact that the Defendant is against, shall be taken into account, and other circumstances specified in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, motive for committing the crime, and circumstances after committing the crime, shall be determined as ordered by the sentence.

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