beta
(영문) 대구지방법원 2014.07.24 2014고단2514

상해

Text

A defendant shall be punished by imprisonment for six 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

At around 02:20 on April 15, 2014, the Defendant: (a) found the victim C (the aged 62) in the Daegu Suwon-gu B as a security guard in the D apartment guard room and did not open the entrance of the apartment in which he/she resides; (b) caused the victim’s face by drinking in a dubus, on the ground that the victim does not open the door of his/her residence; and (c) took several times, followed the victim’s right-hand bridge, etc. going beyond the floor, thereby causing injury to the victim for about three weeks, such as a non-alley dub, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of victims;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) is recognized as a reason for sentencing unfavorable to the Defendant, even though the Defendant had had a record of being sentenced to a fine several times of violent crimes, and even under the influence of alcohol, committed violent crimes. In particular, the Defendant committed serious bodily injury by assaulting the victim who is aged 62.

On the other hand, it is recognized that the defendant has divided the defendant's wrong, has agreed with the victim smoothly, and there is only a fine before and after the victim, etc.

In addition, taking into account the factors of sentencing as shown in the arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., the sentencing guidelines shall be sentenced to imprisonment for up to 1 year, with prison labor for not more than 6 months, and the sentence shall be sentenced to imprisonment for not more than 1 year, but the sentence shall not be immediately binding for the recovery of damage.