beta
(영문) 대전지방법원 천안지원 2016.09.30 2016고단1432

상해

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 4, 2016, around 22:45, the Defendant suffered bodily injury, such as inside and breathing, in consideration of the face of the victim for about five weeks, when he/she was under drinking alcohol from the “Chop” located in Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul, where he/she was under drinking alcohol and drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. On-site and suspect photographs;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report internal investigation;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing guidelines [Types of Determination] - Class 1 (General Sentencing) (Special Sentencing) (Special Sentencing Person): In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered from the area of mitigation [Determination in the territory of recommendation] [Determination in the territory of recommendation] / [Scope of recommendation] 2 months to 1 year (general Sentencing person] - In the area of mitigation / 1 year (general Sentencing person): serious reflect / Aggravation factors : Major reasons for suspension of execution] - Former conviction of the same kind of punishment (the period of suspension of execution is less than 10 years after the completion of execution) which does not constitute repeated crimes (the period of suspension of execution is less than 5 years, or not less than 3 times): - positive reasons for suspension of execution) - [including serious efforts to recover damage] - Non-Punishment of punishment (including general reasons for suspension of execution] - positive cases / positive cases : social relation / positive cases - social relation, contingency, and reflectly reflect.

2. The sentencing factors and reasons for each sentencing of the instant case, the form and degree of the instant crime (in particular, the victim’s injury is highly likely to be criticized), the criminal records of the Defendant’s criminal punishment (the same type of punishment), the recognition of the Defendant’s crime, the significant restitution of the damage, and the fact that the damage seems to have been committed by violence from the injured party, and other matters, such as the Defendant’s age, sexual behavior, environment, and circumstances.