beta
(영문) 서울중앙지방법원 2016.12.19 2016고단5727

상해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 22:20 on May 20, 2016, the Defendant: (a) committed assault on the part of the victim’s left knife at the subway that the Defendant: (b) Doo-ro 1, Jung-gu Seoul, Jung-gu, Seoul, was operating as Doo-ro 3 Station in the subway 2-ro Doo-ro 2; and (c) Doo-ro 21, on the ground that the victim C (the age of 21) was changed to the Defendant.

2. 상해 피고인은 제1항 기재 일시, 장소에서 제1항 기재와 같이 폭행을 할 때 그 옆에 있던 피해자 D(여, 21세)가 다른 승객들에게 도움을 요청하려고 한다는 이유로 ‘뭘 도와 주냐’라고 말하면서 오른손으로 피해자의 왼쪽 손목을 잡아 비틀어 피해자에게 약 14일간의 치료가 필요한 좌손목염좌(인대손상) 찰과상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Each investigation report (Submission of a written diagnosis of injury to each victim, and verification of video products with reference witnesses);

1. Application of statutes on photographs of damage;

1. Article 257 (1) and Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act (wholly Considering the reasons for sentencing as follows);

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed on the ground that, while under the influence of alcohol in subway, the victims of female students were assaulted and injured without any special reason, and the nature of the crime was very poor, and the damage to the victims was not recovered at all.

In light of these circumstances, it is necessary to strictly punish the accused, but the execution of imprisonment is suspended in consideration of the fact that the accused has no criminal records subject to suspended sentence or more before the crime of this case, and that the accused has repented and reflected his mistake.