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(영문) 대구지방법원 2017.09.27 2017고단3895
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 4, 2017, around 18:50 on the 18:50, the Defendant: (a) was leaving a taxi in front of Daegu-gu I; and (b) the victim J (63) who is a taxi engineer left the taxi in order to close the taxi door; (c) without any justifiable reason, the Defendant: (d) brought the victim’s neck on the part of the 7-day diagnosis to the victim, and (d) was fluord by hand, thereby causing damage to the character of the neck of the part of the 7-day diagnosis, the scambling and the scambling.

2. The Defendant, on June 3, 2017, 12:30 around 12:50 on L in Daegu-gu, Daegu-gu, at the intervals of KRW 50,000,000 to the victim N (n, 50 years of age). However, other than public prosecutions where M performed alcohol within L, the Defendant saw that O, a public prosecution, where M performed alcohol on the ground of alcohol, she sited on the floor of alcohol and did so at the intervals of the victim.

The defendant who had given 20,000 won among 50,000 won to the aboveO, and 20,000 won possessed by the aboveO, testified that the injured person would be deprived of his her son's son to the victim.

The term “the victim” and the victim assaultsd by hand at the right end of the victim on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the N or J;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of a written diagnosis of a victim), and a written diagnosis of injury;

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include a large number of criminal records against the defendant. Since there are many violent criminal records, the defendant has considerable violent nature, the risk of recidivism seems to be significant, and the fact that there is no agreement with the victims is unfavorable.

On the other hand, the extent of the injury and assault of the defendant in this case seems to be relatively weak, and the fact that the defendant is against the opposite status is favorable.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused.

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