beta
(영문) 대전지방법원 2020.01.10 2019고단2035

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 9, 2019, at around 31:30, the Defendant was accused of the 3rd floor of the Daejeon Regional Employment and Labor Office, Seo-gu, Daejeon, Seo-gu, Daejeon, 90-ro 90, and was investigated by the victim B (the age of 57) and requested the Defendant to request the electronic tax invoice of the Defendant possessed by the victim, but the victim did not comply with the request. However, the Defendant saw the victim's chest on one occasion with the left drinking, and caused the victim's injury to the her face for about 28 days, by cutting off the body of the 1st century other than the 1st century and the 28th floor of the 1st century, which require the victim's face.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to a photographic act by internal investigation (a statement of the details of additional damage and submission of a medical certificate), each injury diagnosis report, investigation report (Submission of an additional medical certificate), or by cutting CCTV;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order include: (a) the fact that a defendant is found to be wrong and speaks against the defendant; (b) the victim has exercised violence against the defendant; (c) the degree of injury suffered by the victim is not less than that of the victim; (d) the defendant remitted the victim the amount of KRW 2 million on September 27, 2019; (e) October 10, 2010; and (e) November 29, 29 of the same year to the victim; (e) the above amount of KRW 7.84 million on November 29, 200 as claimed by the victim was the same as the amount of overdue wages claimed by the victim; (c) the defendant was deemed to have been punished several times for the crime related to violence; and (d) the defendant has the power of having been sentenced to a suspended sentence of imprisonment in 2015, by taking into account all circumstances, such as the defendant’s age, character and behavior, environment, motive, means and result of the crime.