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(영문) 대구지방법원 2016.01.07 2015고단5695
상해등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

on September 10, 2015, the Defendant found the victim D (n., 30 years of age) in the Daegu Suwon-gu Suwon-gu B located in around 01:00 on the ground that the Defendant made a false statement to the victim D (n., 30 years of age) and performed a work at the place of business, and then purchased the victim’s “S. h. h. g. g., male test and good.”

As a matter of drinking, the victim’s face is two times, the victim’s face is tried to see the victim’s glass cup in that place, and if the victim is not together with the victim, “I shall have a value of tax calculation, regardless of whether it is possible to do so.”

부숴 버린다.

"Intimidating the victim's head bond, leading the victim to the car parked in front of the above main point, and pushing the victim in the car."

Since then, the defendant driving the above vehicle on the back of the defendant, and let the defendant drive the vehicle to F in Daegu Suwon-gu E, which is the residence of the victim, and the defendant was seated on the side of the victim and got off the telegraph of the victim.

As a result, the defendant was confined by preventing the damaged person from leaving the vehicle, and damaged the victim's character of face that requires treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 276 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act for the suspended sentence, the first type of crime (mbin) [the scope of recommended punishment] in the area of general injury (two months to one year), the area of mitigation (including efforts to recover damage) [the person who has been specially mitigated] in the area of punishment not for punishment (including serious efforts to recover damage), or where considerable damage has been restored, the second type of crime (Arrest, confinement, abandonment, and abuse) [the scope of recommended punishment] in the area of mitigation (one month to eight months) (the area of general arrest and confinement) [the person who has been specially mitigated] in the area of mitigation (one month to eight months).

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