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(영문) 대구지방법원 2016.09.09 2016고단2576
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 12, 2016, around 22:30, the Defendant expressed that “the victim F. (30) who was a partner at the same workplace, who wishes not to return home and be used on the ground floor under the influence of alcohol on the roads adjacent to Daegu Suwon-gu D, Daegu-gu, and the victim F. (30) who was a partner at the same workplace, wishesed to be “the victim’s face” on the ground that he is bad for the cab to board the cab by neglecting the Defendant, and caused the victim’s injury, such as the victim’s 4 weeks, the inner wall frame, and the loss of the victim’s nomenclature, etc., on the ground that he was bad for the cab.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the F and G police statements;

1. Application of Acts and subordinate statutes described in an investigation report (Attachment of a medical certificate of injury) and an investigation report (an investigation of a witness near the person concerned at the time of occurrence);

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] one month to seven years [the general person subject to special sentencing] [the special person subject to sentencing] in cases where the elements for punishment are not punishable (including serious efforts to recover damage), or considerable damage is recovered [the scope of recommended sentence] two months to one year [the scope of the recommended sentence] [the scope of suspended sentence] - The main reasons for suspended sentence - There are no positive sources of punishment (including serious efforts to recover damage): There are no criminal records above the positive and contingent suspended sentence (decision of sentence]. However, the defendant paid 5 million won to the victim, the victim expressed his intention not to punish the defendant, and the defendant was subject to punishment more favorable than that of the defendant.

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