beta
(영문) 수원지방법원 성남지원 2019.09.24 2019고단1281

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 became final and conclusive.

Reasons

Punishment of the crime

around March 7, 2019, the Defendant was an employee of the company run by the victim B (the age of 42), and around March 7, 2019, while drinking in the “D” restaurant located in Gwangju-si, the Defendant was faced with trial expenses to other employees under the influence of alcohol, and the victim got out of the restaurant.

At around 21:15 on the same day, the Defendant, at the vicinity of the bus stops adjacent to the above restaurant, sold the victim's face to the bridge because of the victim's statement of the defendant, and inflicted injury on the victim, such as inside the right side, internal walls, and lower walls, which require medical treatment for 56 days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police written diagnosis of each police report on B, photographs of the injured part of the diagnosis report, field, and ctv-faging

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: General injury [Type 1] general injury [Special Aggravation (Special Aggravationd Person] mitigated elements: The amount of punishment not, the amount of aggravated factors: serious injury (the area of recommendation and the scope of recommended punishment], the basic area [the area of recommendation and the scope of recommended punishment], April through June;

3. In light of the fact that the victim's injury was serious due to the instant crime, the sentence of sentence of sentence of sentence of sentence of sentence of sentence of punishment of severe punishment is to be taken into account in light of the circumstances unfavorable to the victim, the defendant's agreement is to request the victim's injury seriously and smoothly agreed, the mistake is divided and reflected, and circumstances favorable to the initial

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the instant case, such as the age, character, behavior, career, environment, the circumstances and result of the crime, and the circumstances after the crime.