beta
(영문) 대전지방법원 서산지원 2015.11.05 2015고단493

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who has resided together with the victim G (the age of 48) in Fn't 304, a lodging in the E-Sajin Factory located in D at Siljin-si.

At around 23:50 on May 2, 2015, the Defendant: (a) while drinking alcohol together with workplace rent 305, and talking about the victim, the Defendant thought that the victim was disregarding the victim himself/herself; (b) her walked one time to the right side of the victim who was divingd by entering the above F F F F F F F F F F F F F F F F FF 304; (c) her walked one time to the right side of the victim's chest, and her walked one time to walk the victim's chest, and her walked the victim's chest and the upper body part of the victim three times at around eight weeks, the Defendant sawd the victim about eight weeks of treatment on the left side.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Injury [No person who is a special person] [Judgment of sentence] / The defendant committed a serious injury requiring approximately eight weeks of treatment on the ground that the victim neglected himself/herself in ordinary sense, and the defendant did not take any measures to recover damage. The defendant committed the crime of this case with a primary offense, and the defendant did not constitute a dangerous injury to the victim. It is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.