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(영문) 대구지방법원 2017.02.10 2016고단4400
상해등
Text

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

Reasons

Punishment of the crime

The Defendant, on August 23, 2016, 2016, "The 2016 Highest 4400", the Defendant, without any reason, will leave the victim E (V, 48 years of age) who was sitting in the front events of D in Daegu-gu, Daegu-gu, Seoul-gu, about 04:05, about 04:05, about 48 years of age.

The victim's face was expressed twice by "and the floor of the hand."

As a result, the Defendant was faced with the victim with the softening and loss of dental appliances on the treatment date, and around the right eye.

On August 23, 2016, at around 05:10 on August 23, 2016, the Defendant assaulted the victim E at around the same day, who was reported to the police station as soon as possible due to an assault by the said victim E at around the new wall of the same day.

Summary of Evidence

"2016 Highest 4400"

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. 2016 highest group 4617 "The diagnosis of a victim") of the victim's photograph, report on dispatch to the scene of violence, medical certificate, and investigation report (the diagnosis of a victim);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury) and Article 260 (1) of the Criminal Act concerning the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes) of the aggravated concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Class 1 Crimes [Scope of Recommendation] General Injury (General Bodily Injury) (4 months to one year and six months) in the basic area (no person in special sentencing)

(b) Class 2 crime / [Scope of Recommendation] Crimes No. 1 (General Violence) in the aggravated area (4 months to 1 year) [Special Aggravation] (excluding Types 7).

(c) The scope of final sentence due to the aggravation of multiple offenses: four months to two years;

2. On April 7, 2016, the Defendant was sentenced to punishment for the same kind of crime, and in particular, the Defendant was sentenced to a suspended sentence of imprisonment for four months with prison labor for injury, etc. in the Western Branch Branch of the Daegu District Court.

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