beta
(영문) 대전지방법원 홍성지원 2014.02.12 2013고단903

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:00 on August 11, 2013, the Defendant: (a) when he intends to enter the lecture in order to make a worship in the said church, the Defendant intending to set up a long card before the platform on the ground that the victim F (hereinafter referred to as 61 years old) was prevented from entering the platform on the grounds of the misconduct of the church, etc.; and (b) he was able to keep the victim’s body part of the victim’s body, which has been accompanied by the said card on the left part, so far as he was kept unfolded to the left part, the Defendant sawd the victim over the 10-day medical treatment.

Summary of Evidence

1. Each legal statement of the defendant and G;

1. Results of the CD verification;

1. Statement of the police statement concerning F;

1. A complaint;

1. A criminal investigation report (to attachCCTV data, etc.);

1. A criminal investigation report (a report accompanied by a copy of a medical record paper);

1. Application of Acts and subordinate statutes to an investigation report (to hear statements from a victim);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. Taking into account the circumstances leading up to the crime of sentencing under Article 62-2 of the Criminal Code of Probation and Social Service and the degree of damage (an injury of about 10ism), etc., the nature of the crime is not good, and the attitude of church believers opposing the defendant, including the victim, wanting to punish the defendant with severe punishment, etc. is an element of sentencing unfavorable to the defendant.

However, considering the fact that the Defendant deposited a certain amount for the recovery of damage, the Defendant’s primary offender, and the fact that the Defendant appears to be against the Defendant when making a confession of the instant crime late, etc., the elements of sentencing favorable to the Defendant shall be considered as the factors of sentencing. In addition, taking into account the Defendant’s age, character and conduct, environment, relationship to the victim, circumstances after the crime, etc., the Defendant’s punishment against the Defendant shall be determined as ordered by taking into account