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(영문) 대구지방법원 서부지원 2019.03.27 2018고단563
상해
Text

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

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

Reasons

Punishment of the crime

On February 14, 2018, the Defendant: (a) around 20:35, on the grounds that there was a 'C' restaurant located in the Daegu-gu Incheon Metropolitan City B'; (b) on the ground that there was a dispute with the victim D (33 years of age) who is a workplace partner; and (c) on the ground that there was a conflict with the victim D (33 years of age) who was in the workplace, the Defendant left the right side for about five weeks when taking the face of the victim by drinking

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Attaching a report on internal investigation (Attachment of a photograph of damage);

1. Investigation report (investigation of CCTV images and attaching photographs), CCTV images;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the victim suffered a considerable injury due to the Defendant’s assault, and that the Defendant was unable to agree with the victim is an unfavorable sentencing element against

On the other hand, the defendant's confession of the crime of this case and is divided, the defendant appears to have paid some medical expenses to the victim, the additional damage reimbursement in the civil procedure with the victim seems to have been made, and the fact that the defendant, a foreigner, has no specific criminal history in Korea, is an element of sentencing favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, and all the circumstances constituting the conditions for the punishment as shown in the argument of this case, such as the circumstances after the crime, shall be determined as ordered.

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