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(영문) 대구지방법원 안동지원 2017.04.28 2016고단973
상해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 30, 2016, the Defendant took a bath to the victim B (the victim B (the victim B) (the victim 40 years of age) in front of the entrance of the Gu dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong on November 30, 201, and took one time by hand the victim's buck with the victim's sc

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. Reporting on the arrest of a case;

1. Each internal investigation report and accompanying materials;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Recommendations based on the sentencing criteria;

(a) Determination of types: Violence, general injury, and type 1 (general injury);

(b) Special sentencing factors: Insignificant injuries and penalties (each mitigated factor).

(c) Determination of the recommended territory: Special mitigation territory;

(d) Scope of recommending punishment: One month to one year.

2. Determination of sentence of this case is not appropriate in light of the circumstances, method, etc.

Although there are many criminal records of the same kind of crime, the Defendant committed such crime. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The degree of injury is relatively minor.

The injured person does not want the punishment of the defendant under the mutual consent with the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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