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(영문) 대전지방법원 2019.05.31 2019고단1306
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The defendant and the victim B(n, 49 years of age) are in conflict with each other.

On March 28, 2019, at around 00:05, the defendant drinked with the victim in Seo-gu, Daejeon, Daejeon, and the second floor, and caused a dispute with the victim due to the former male-friendly situation of the victim, which led the victim to face-to-face of the victim by drinking, and caused the victim to face several times with the victim's face by drinking.

As a result, the Defendant suffered injuries, such as the cage of cage cages, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on the occurrence of an accident, report on internal investigation, report on 112 reported cases, list of cases handled, and arrest and report of the occurrence

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

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment): Aggravation factors: serious injury (category 1 and 4): Aggravation area], imprisonment with labor for six months to two years.

3. Determination of sentence: Imprisonment with prison labor for a period of eight months is divided in depth by the defendant, contingent crimes, and there shall be no criminal records of the same kind and no penalty records exceeding the fine;

However, the crime of this case has been committed by the defendant.

It is not good to commit a crime, and the degree of injury is very serious because four of the victim's left side ebranes is broken out due to the crime of this case, such as knife and snife, etc. (see internal death report and injury diagnosis report). The victim who was flife and was unable to flife due to the Defendant's self-deflifeless violence of the victim's body, and caused serious injury to the victim's left side flife, etc. (see internal death report and injury diagnosis report), and the victim who was flife and was unable to flife the victim's body, was left to the hospital.

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