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(영문) 대구지방법원 경주지원 2017.07.05 2016고단984
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant, at around 23:40 on April 15, 2016, drinked with E, a victim D (29 tax) at the home of the victim D (29 tax).

During that period, the defendant drank the alcohol from the injured party.

If there is a house at the latest; and

As a measure for the victim on the ground that the victim is unbured, the victim’s face can be taken up by drinking breath, and the victim reconciled the victim’s face from the house to the victim’s face, and the victim reconciled the defendant from the house to the victim’s face.

On the other hand, the Defendant continued to have the assault committed outside the house, and caused the assault to be committed against the damaged person, and the victim's face was taken in response to the assault.

As a result, the defendant suffered injury to the victim during a flood control period of about two weeks, which requires medical treatment.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes of subparagraph (A) of a report on the occurrence of an injury, victim's photograph (D), injury diagnosis certificate (D), and victim's photograph;

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 of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is not to be less than that of the defendant, but to have the same kind of violence.

The defendant denies his criminal act.

However, in consideration of all the factors of sentencing, such as the fact that the victim has agreed smoothly with the victim and the circumstances leading to this case, etc., the punishment shall be determined as per the order within the scope of sentencing guidelines (two months to one year).

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