beta
(영문) 대전지방법원 2013.12.10 2013고단3821

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

At around 23:00 on June 8, 2013, the Defendant: (a) placed the victim B (the age 46) who was a substitute driver for driving the Defendant’s vehicle on a cell phone on the ground that the victim B (the age 46) refuses to go to the Defendant’s house; (b) placed the victim’s chest on two occasions on the cell phone; (c) placed the victim’s chest on one occasion on the left side of the victim’s hand floor; and (d) sustained the victim’s injury on the high credit level of 21 days in need of treatment due to breath’s breath.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of circumstances, such as the fact that the degree of injury of the victim is not much serious, the fact that the agreement was reached smoothly with the victim, and the fact that the mistake is against each other);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;