beta
(영문) 전주지방법원 2017.10.27 2017고단1359

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 14, 2017, the Defendant, around 20:00, suffered injury to the victim E (23 taxes) in front of the D main shop located in Changwon Mangsan Simpo City C, which read, “Is the mind that the finite would have been finite, one year,” thereby causing injury to the victim, such as damage to the finite which requires treatment for about two weeks of the victim’s left part and the chin.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. As for the favorable reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, the Defendant recognized the instant crime, the degree of injury suffered by the victim is not much serious, and the Defendant deposited KRW 2 million in order to recover damage.

There are records that the defendant has been subject to criminal punishment several times for the same crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.