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(영문) 대구지방법원 2018.04.24 2017고단4763
상해등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for two months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[criminal record] On November 21, 2017, Defendant B was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution due to a crime of injury or injury caused by a disturbance in the performance of special official duties by the Daegu High Court, and the above judgment became final and conclusive on November 29, 2017.

[2] On February 20, 2017, around 04:00, the Defendants: (a) the victim H was able to obtain the victim’s head from the F in Daegu-gu, Daegu-gu; (b) the victim H was able to obtain the victim’s head from the victim’s head; (c) the Defendant B got the victim’s head from the victim’s head by pushing the victim’s shoulder with his left arms, leading the victim’s head at the entrance; and (d) the Defendant A was able to take the victim’s head from the victim’s head and check the victim’s face by hand.

As a result, the Defendants, in collaboration with D, sustained injuries, such as the sofash and the sofashing of the fash in which a water control is required for about four weeks of treatment.

Summary of Evidence

1. Entry of the defendant A's partial statement in the second trial record and the statement of the defendant B in the second trial record;

1. Statement of a witness I, J and H in the third public trial records;

1. Statement made by the witness D in the fourth public trial protocol;

1. Statement of G police statement;

1. A medical certificate of injury, or medical certificate (H);

1. Previous convictions in judgment: Application of the inquiry letter, such as criminal history, to the Acts and subordinate statutes;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Social Service Order and the defendant A [the scope of recommended punishment] for the general injury of the defendant A [the scope of recommended punishment] and the basic area (from April to one year and six months) [the person who is subject to special sentencing] of the basic area: no agreement was reached.

The favorable circumstances: there is no history of crime exceeding the suspension of indictment.

Defendant

B [Scope of Recommendation] General Injury Nos. 1 (General Injury) and No. 1 (No. 1 to 6 months) in the basic area (no. 1 to 1 year) (no. 1 to 1 year): no agreement has been reached.

The terms of favorable circumstances have become final and conclusive.

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