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(영문) 대구지방법원 안동지원 2014.12.05 2014고단882
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 피고인은 2014. 8. 16. 06:30경 영주시 B에 있는 피해자 C(여, 44세)가 운영하는 'D식당'에서 술에 취하여 피해자에게 “씹팔년, 좆팔년”이라고 욕설을 하는 것에 피해자 C이 "식당에서 나가라, 신고를 하겠다"고 한다는 이유로 피해자의 목을 손으로 조르고, 왼쪽 무릎 부위를 발로 3~4회 찼다.

Thus, the defendant suffered injury to the victim, such as undermining the climatic tensions before the police clibing, which requires approximately two weeks of treatment.

2. At around 08:50 on August 28, 2014, the Defendant: (a) 08:50 on a permanent residence, the Defendant: (b) carried the victim G (53 years of age) into a restaurant while drinking mixed alcohol; and (c) took the bath on the part of the Defendant, for the reason that the victim G (53 years of age) went into the restaurant while drinking the mixed alcohol, he saw the victim’s breath, she dump and knee, knee, knee, knee, knee, knee, and kne, kn the face of the Defendant.

Therefore, the defendant suffered bodily injury to the victim, such as light shores that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes to an investigation report (investigative report and written estimate), and a written diagnosis of injury;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where the reason for sentencing in Article 62-2 of the Probation Criminal Act is the type 1 crime [the scope of recommendation] general injury (the scope of general injury) and the mitigated area (2-1 year), the mitigated area (2-1 year), the punishment is not granted (including serious efforts to recover damage), or considerable part of damage has been recovered. the mitigated area (2-1 year), the mitigated area (2-2 year), the mitigated area (2-1 year), and the mitigated area (2-2 year), or considerable part of damage (including serious efforts to recover damage) are recovered.

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