beta
(영문) 대전지방법원 2013.11.22 2013고단3594

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 March 2, 2012, the Defendant suffered injury to the victim D (the 49 years of age) who works at the same construction site in the room of the new wall C 3rd floor building at the same site, and the head of the victim was taken several times due to drinking, and the part of the victim was damaged by several times, such as the cage cage fage fry, which requires treatment for about 21 days for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (Scope of recommending punishment), group of violent crimes, general injury (type 1), area of mitigation, period of imprisonment from 2 months to 1 year (whether to suspend execution of sentence): Major reasons for writing: at least two times: Criminal records of suspension of execution and at least two times, and the victim also have considerable responsibility for the occurrence of crimes or the expansion of damage : The general reason for writing (unlawful reason): Social relationship clear, contingent crimes, serious reflective behavior, amount equivalent to deposit [decision of sentence] 4 months of imprisonment with prison labor], one time of suspended execution of two years of suspended sentence (class 12 years of suspended sentence), two times of fines of the same kind (type 12 years of imprisonment with prison labor or more), circumstances of the crime of recovery of damage, and other consideration such as efforts to recover damage;