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(영문) 대구지방법원 2016.06.29 2016고단2036
상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the remaining, the age of 48) were the persons operating each fireworks, using the funeral ceremony in Daegu Dong-gu D, and collecting the number of even number and the number of odds in the funeral hall in Daegu Dong-gu.

On March 10, 2016, the Defendant: (a) around 06:45 on March 10, 2016, at the above specialized funeral parking lot, and at the time of the dispute over the collection of the waste cremation, the Defendant: (b) taken once and twice the victim’s right ear and the left-hand eye; (c) asked the victim’s left-hand eye; (d) followed the victim at the first floor of the funeral hall; and (e) took a bath to the victim at the victim’s resting room on the first floor above the funeral hall, and caused the victim’s face to inflict injury, such as a mar and fel, which requires treatment for about 42 days, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to victim C’s photographic photo and investigation report (influoral diagnosis report, etc.);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury [the scope of the recommended sentence] in the mitigated area (two months to one year), [the person with special mitigation] in the case where punishment is not imposed (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence] in the case where the defendant had been punished several times for the same kind of crime, but the defendant committed the instant crime, and the degree of damage is relatively heavy.

However, considering the fact that the defendant's mistake is divided, the fact that the injured party by agreement with the injured party is taking advantage of the favorable circumstances for the accused, and other factors such as the defendant's age, sex, environment, relationship with the injured party, motive, means and consequence of the crime, etc., the sentence identical to the order should be imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime.

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