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(영문) 대구지방법원 2018.05.15 2018고단1048
상해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant was sentenced to six months of imprisonment by the Daegu District Court on April 14, 2017 and completed the execution of the sentence at a port prison on October 13, 2017.

2. Criminal facts;

A. On February 27, 2018, the Defendant: (a) collected frying frying in front of the D cafeteria located in Daegu Northern-gu, Daegu-gu, without any justifiable reason, the Defendant collected frying frying frying frying frying frying frying frying frying frying frying frying frying fry

B. The injured Defendant suffered injury to the victim F(75 tax) who is the husband of the above E, when and at the time and place specified in the above paragraph 2-A, when making it difficult for the victim to take care of the victim’s face by drinking, and suffered injury, such as an inner face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each injury diagnosis letter;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the date of release and report accompanied by a copy of the judgment);

1. Relevant Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In the mitigated area (including serious efforts to recover damage) of Article 37 of the Criminal Act, Article 38(1)2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Reasons for the Sentencing [the scope of the recommended punishment] of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 50 of the Act on the Aggravated Punishment of Crimes, where the mitigated area (2) [the scope of the recommended punishment] of Article 37, Article 38(1)1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Act on the Aggravated Punishment of Specific Crimes (including serious efforts to recover damage), Article 1 of the Act on the Aggravated Punishment of Specific Crimes (hereinafter referred to as "Aggravated Punishment"), and Article 50, the scope of the final sentence according to the aggravated punishment of a majority offender is the same crime committed during the period of punishment of two months or one year or three [the normal sentence of two years or more].

The victims shall be the victims of favorable circumstances.

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