beta
(영문) 수원지방법원 2019.07.05 2018고단6648

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 5, 2018, at around 02:55, the Defendant took a bath to the victim D(36 years of age) who was sitting in front of the C convenience point located in Osan City B and performed drinking, without any justifiable reason, and when taking the victim's face one time due to drinking, the Defendant took the victim's eye on the left eye of the treatment days, and put the victim on the eye of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury-specific person] mitigated element: Minor injury (the scope of recommendation field and recommendation type] mitigated area (the scope of recommendation field and recommendation type] mitigated area, February to October.

3. Determination of sentence: The punishment shall be determined as above, such as four months of imprisonment, two years of suspended sentence, multiple violences against the defendant; the confession of the defendant; the minor points of damage; and the agreement with the victim;