beta
(영문) 대전지방법원 공주지원 2015.04.17 2014고단310

상해등

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On October 21, 2014, the Defendant: (a) around 18:10 on October 21, 2014, on the ground that the victim C(34 years of age) in a public correctional institution Sinju-si, Geumju-si, Sinju-si, would be bad, and caused damage to the victim’s inner part of the victim once again; (b) the victim’s inner part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the victim once for about 28 days, and damaged the victim’s internal part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the body part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each letter of self-sufficiency of E and F;

1. A working report;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of injury, damaged siren photographs, and cosmetics-container photographs;

1. Relevant Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury, the choice of imprisonment), the choice of punishment for the crime (the point of causing damage to property and the choice of imprisonment);

1. An application for a remedy order dismissed by an applicant for a remedy order pursuant to the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Aggravation of Aggravation of Punishment) of the Criminal Act by aggravation of concurrent crimes shall be dismissed pursuant to Article 25(3)2 and 3, and Article 32(1)2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, since the amount of damage was not specified, and the scope of liability of the accused is unclear.

Reasons for sentencing

1. Application of the standard of sentencing [Scope of Recommendation] General In the area of mitigation (two to one year in general), (two to one year in prison), penalty not having been imposed (including serious efforts to recover damage), or where considerable damage has been restored, the range of sentence comparison between the applicable sentences and the recommended sentences: imprisonment for not less than two months (in the case of concurrent crimes, since the crime of causing bodily harm to which the standard of sentencing applies and the standard of sentencing are not applicable, the lowest limit of the recommended sentence for the crime of causing bodily harm to which the standard of sentencing applies is applied only); and

2. Sentence;