beta
(영문) 창원지방법원 통영지원 2016.06.22 2016고단378

상해

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 7, 2016, at around 05:05, the Defendant expressed the victim E ( South Korea, 44 years old) and his/her behavior, who were drunkly drinking in the next place at D stations located in Yong-si, and had the victim take care of the victim's face twice due to drinking, and had the victim take care of the victim's face twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] general injury (the scope of the recommended punishment] shall be the mitigated area (two months to one year) (the victim shall not be punished for a special mitigated person];

2. Determination of sentence - Determination of favorable circumstances: The fact that the defendant appears to be a contingent crime, the fact that the victim wants to take the action against the defendant by agreement with the victim, and reflects it.

- Unfavorable circumstances: The occurrence of the instant case and the exercise of the Defendant’s violent force; there is no room for any particular group; and there is a record of fines and suspension of execution of imprisonment with labor for a crime related to the same kind

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, shall be taken into consideration to determine the Defendant’s punishment, and the possibility of re-offending, reflectiveness and reflect, and order to attend a lecture shall be added.