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(영문) 대구지방법원 2017.10.26 2017고단3269
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 21, 2016, the Defendant: (a) around 04:30 on November 21, 2016, in front of D neighboring E in Daegu-gu, Daegu-gu; (b) the victim F (23 tax) who dices alcohol together, and had a dispute with her home to her home; (c) the victim was able to take care of about 42 days for 42 days when she was her face due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police with regard to F;

1. Investigation report (verification of the detailed statement of processing a case reported in 112 and the process of witnessing a reporter, etc.);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. In cases where the victim is fully responsible for the occurrence of a crime or the expansion of damage to the basic area (from April to one year and six months) (special mitigation (special mitigation)) of type 1 (the scope of recommending punishment) general injury to the victim according to the sentencing guidelines / In cases where the victim is also responsible for the occurrence of a crime or the expansion of damage, serious injury (the types of 1 and 4);

2. The defendant's decision on the sentence of sentence brought an injury upon the victim who has frightened in a dispute, and the degree of such injury is very significant.

Nevertheless, it is not easy to receive a letter from the injured party.

Considering these circumstances, a sentence shall be imposed on the defendant because it is inevitable to punish the defendant strictly.

On the other hand, it is decided as per Disposition by taking into account the favorable circumstances such as the defendant's age and occupation, sex and environment, family relation, relationship with the victim, motive, circumstance, means and consequence of the crime, etc., as well as all other circumstances that are conditions for sentencing such as the defendant's age, occupation, sex, family relation, victim's relationship, means and consequence, etc., and giving the defendant an opportunity to recover damage, such as agreement, etc.

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