beta
(영문) 대전지방법원 서산지원 2017.08.25 2017고단380

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has taught between the victim C (n, 33 years of age) and about one year.

On December 31, 2016, the Defendant visited Gyeongnam-do, where he was living together with the victim on December 31, 2016, and went together with drinking at the main point where he was working for the said branch, and became a female employee and a trial expense while drinking together. In the course of a conflict with the victim who prevented it, the Defendant assaulted the victim, such as making a credit card to the victim.

After assaulting the victim around 02:10 on January 1, 2017, the Defendant: (a) placed the driver’s seat of his own car parked at the 6-lane 30-gil of Mao-si, and the 196-day driver’s seat of his own car parked at the public parking lot of Mao-si reclaimed land; and (b) asked the victim who was seated at the jum of the Mao-si, for the reason why she would leave the her seat at the jum.

The victim's head bond that he/she was sitting on the side by his/her own hand on the ground that he/she respondeded to "I d', with the victim's face being 20 to 30 times by drinking, and the victim's face is 20 to 30 times by drinking, and the victim's "only defect, with the death."

Despite the fact that he was only that he did, he continued to take the victim's face, etc. by stating "I am to enter a room and see him at night".

In the end, the Defendant inflicted bodily injury on the victim, i.e., double, face impairment, scambling, scambling, and blood transfusion to prevent the victim from being able to receive approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of each injury diagnosis certificate, each photograph, and investigation report (record 59 pages or less);

1. Relevant 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. The fact that the defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, can have the same military force, is disadvantageous.