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(영문) 대구지방법원 포항지원 2017.11.08 2017고단464
폭행치상
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant has been living in C with the victim D and society after the passage of the society.

On December 11, 2016, the Defendant: (a) around 19:00, on the road of F convenience stores located in North-gu E at the port of port; (b) on the day, when the victim and the restaurant drinks alcoholic beverages to the restaurant because the victim and the restaurant did not have a ice and wallet, the Defendant she saw the Defendant’s wallet; (c) “drafed the Defendant’s wall; (d) the victim she took the wall on the part of the victim; and (d) the victim she flicked the flick, flick the flick of his flick with his hand, and flicked the flick on the floor by cutting it over the floor.

As a result, the Defendant committed assault against the victim, resulting in the injury of the victim, such as 'a spath of a baby in need of six weeks', 'a spath of a baby in need of six weeks', and 'a spath of a spath of the right side

Summary of Evidence

1. Each legal statement of witness D and G;

1. Application of Acts and subordinate statutes of a written opinion and an injury diagnosis report;

1. Although there are extenuating circumstances such as the relevant legal provisions on criminal facts and Articles 262 and 257(1) of the Criminal Act’s provision regarding punishment for the punishment of a crime committed by a criminal defendant under the influence of alcohol, it is inevitable to sentence the criminal defendant’s sentence against the criminal defendant in light of the following: (a) the victim suffered bodily injury requiring six weeks’ treatment; (b) the criminal defendant denies his/her criminal act; and (c) the defendant has not been making every effort to recover the victim’s damage; and (d) the criminal defendant has several criminal records of the same kind, including violent-related criminal records, several times.

Accordingly, the defendant's age, sex, environment, motive, means and consequence of the crime, and various sentencing conditions such as the circumstances after the crime are determined as the sentence.

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