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(영문) 대전지방법원 천안지원 2017.12.15 2017고단2135

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on June 11, 2017, the Defendant: (a) had the victim C ( South, 55 years of age) who is an agent of the Defendant drive the Defendant’s vehicle on the roads of 933-30 New Chang-si, Seocho-si, Busan, Seosan-si; (b) had the victim C ( South, 55 years of age) who is an agent of the Defendant drive the Defendant’s vehicle; and (c) did not pay the fee so, the victim did not pay the fee so that he did not report to the police with the Defendant’s hand phone, which is his ownership, by cutting off the above hand phone to the Defendant’s cell, and was laid down on the gallon floor, and damaged the victim’s face so that the repair cost may be taken several times; and (d) caused injury to the victim, by walking the parts of the victim’s body part several times, such as a non-feling dump that requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to documentary evidence and photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of recommending punishment) and the basic area (from April to January 1) (no person who has any special sentencing factors) of the First Class (General Bodis).

(b) Class 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the basic area (from April to October) (no special sentencing person exists).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to November; and

2. The degree of violence used by the defendant and the degree of injury suffered by the victim are considerably heavy;

Until now, there has been no agreement between the victim and the victim.

However, the defendant recognizes his mistake and is against his will.

There is no record of punishment in Korea.

For the victim, 3 million won was deposited.

In addition, various circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.