beta
(영문) 대전지방법원 2015.08.12 2015고단470 (1)

상해

Text

A defendant shall be punished by imprisonment for six 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 December 6, 2014, the Defendant: (a) around 03:50, Seosan-si “D” located in Seosan-si, where drinking alcohol was followed by the victim E (ma, 19 years old), the victim F (ma, 19 years old), and Sivib, where drinking water was loaded to E; (b) and (c) caused the head of E to take the smells of the said E on one occasion.

In addition, the victim F's knee knee knee knee knee kne kne kne kne kne kne kne kne F's face in the police.

As a result, the Defendant put the above E with an influence on the part of the treatment days, and a chest spel in need of approximately six weeks of treatment to the above F.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E and G;

1. A general medical certificate;

1. Application of each statute on photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment as provided for in the crime of injury to victim F with heavier judgment) among concurrent crimes;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime: In cases where considerable damage has been restored to the basic area (four months to one year and six months) (special mitigation) of category 1 (special mitigation) and the basic area (4 to one year and six months), the injury to the victim F (the scope of recommending punishment) general, / In cases of serious injury to the victim F;

(b) Second offense: The basic area ( April-1 year-6 months) of injury to victims E (the scope of recommendations) general, shall not be included in the first category (the general injury).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to February, 200; and

2. Circumstances disadvantageous to the determination of sentence: the victims want to be punished against the defendant, and the degree of damage to the victim F is relatively heavy.