beta
(영문) 의정부지방법원 2019.08.13 2017고단3754

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2017, at around 21:30, the Defendant, while under the influence of alcohol in front of the “C Hospital” located in Pyeongtaek-si B, and had a dispute with the victim D (32 years of age) who is a workplace ship due to the Defendant’s pro-friendly living problems, the Defendant inflicted injury on the victim, such as a combined dump, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for up to April, one year and six months (the scope of recommendations) and injury done in general in the basic area (referring to April to one year and six months) (special mitigation) (referring to a person subject to special mitigation) / serious injury done in order to recover from damage.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after committing the crime, which are six months following the imprisonment.

A disadvantageous circumstances: The degree of injury of the victim was serious, the victim was shoting the severe punishment against the defendant, the circumstances favorable to the defendant's escape and his whereabouts were unknown because the defendant did not appear on the trial date: The confession of the crime of this case, and the deposit of five million won for the victim.