beta
(영문) 서울남부지방법원 2016.09.02 2016고단2959

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

On July 19, 2014, at around 01:30 on July 19, 2014, the Defendant, without any justifiable reason, went beyond the head of the victim C (year 4) at the front of Yeongdeungpo-gu Seoul Metropolitan City, and taken several times, followed the body of the victim, and continued to take part in the victim's d convenience store in order to avoid the above assault, and caused the victim's injury, such as salt, tension, tension, etc., on the right hand, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. C’s statement;

1. A written diagnosis of injury to C;

1. Reporting on investigation (inability of investigation of a suspect);

1. Investigation report (to hear statements made by victims C);

1. On-site reports on violence incidents;

1. Application of Acts and subordinate statutes on voluntary reports;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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

1. The scope of recommended sentences according to the sentencing guidelines (determination of types) general injury to the victim of violence: Type 1 (Determination of the recommended sphere) (Determination of the recommended sphere), the basic area [Scope of recommending sphere] from April to June 1; and

2. Circumstances disadvantageous to the determination of sentence: The punishment of the instant assault is not minor in light of the behavior and degree of injury;

The victim was punished for the defendant and did not reach an agreement.

The defendant has been punished for violence-related crimes.

In light of the aforementioned circumstances, the sentence shall be determined as ordered by taking into account the following circumstances: (a) the circumstances leading up to the Defendant’s instant crime; (b) the degree and consequence of damage; (c) the circumstances after the commission of the crime; and (d) the age, character and conduct, and environment of the Defendant; and (c