beta
(영문) 인천지방법원 2014.09.18 2014고단5162

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 21:40 on April 20, 2014, the Defendant suffered an injury that could not be treated by the victim because the Defendant, while making a dispute with the victim D (the age of 55) on the part of the victim, he was her face and her shocked to the right eye of the victim. In addition, the Defendant suffered an injury that could not be treated by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Reduction area (two months to one year) (special mitigation area) in the mitigated area (two months to one year) according to the sentencing criteria, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria; and

2. The fact that the Defendant, who was sentenced to sentence, once all times, committed the instant crime under the influence of alcohol is disadvantageous to the Defendant.

However, it is decided as per Disposition by taking into account the following circumstances: (a) the Defendant agreed smoothly with the victim; (b) the Defendant appears to have committed the instant crime under the influence of alcohol; and (c) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime; and (d) the conditions of sentencing as shown in the