beta
(영문) 인천지방법원 부천지원 2019.05.14 2018고단3657

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the victim B(n, 39 years of age) and the legal relationship.

At around 14:00 on September 27, 2018, the Defendant took a bath for the victim on the ground that the victim was out from the 5th floor area of Kimpo-si Kimpo-si, Kimpo-si, Kimpo-si, on the ground that the victim was out, and taken a part of the victim’s face going beyond the floor by drinking the victim’s head and face.

The Defendant continued to mislead the victim by taking the head of the victim who was wrong, laid the victim on the bed, laid the victim on his hand, blicked the victim's neck, and met with the victim's blocks, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs after the date and time of photographing the damaged parts, photographs of the damaged parts B, such as a medical certificate of injury, photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant’s use of violence against the victim is not weak, and that the Defendant violated ad hoc measure after the instant case, despite having received a court’s decision to not access the victim’s residence, is disadvantageous to the Defendant.

However, the defendant recognized the crime of this case and there is no record of punishment for the same kind of crime, and the fact that the defendant agreed with the victim shall be considered as favorable circumstances to the defendant, and the punishment shall be determined by taking into account the defendant's age, character and conduct, health condition, motive leading to the crime of this case, method of crime, crime history, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case shall be determined, and the execution of the punishment shall be suspended only once.