beta
(영문) 대구지방법원 2017.03.31 2017고단109

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In light of the fact that the Defendant was aware of the internal ties between the victim C(63) and the wife D on December 9, 2016, at around 03:00 on December 9, 2016, the Defendant inflicted injury on the victim’s face, chest, stove, and pelfing of the victim’s chest due to the Defendant’s appearance of the victim who returned home in front of the residence of the victim located in Yongcheon-si E-si building 505 on December 9, 2016. The victim’s face, chest, stove, and stoves of the victim due to drinking and stoves of the victim. From that place to that point, the Defendant continued to attract the victim to drinking and stove, and continued to inflict injury on the victim’s face and chest due to drinking and stoves of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police in the protocol; and

1. The application of respective Acts and subordinate statutes to internal investigation reports (Submission of a medical certificate of injury to a victim), investigation reports (Attachment to photographs of the damaged body taken by the injured person), investigation reports (verification of the injured party to the suspect's wife) and investigation reports (to hear statements from the victim's telephone), or video reports;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable conditions of sentencing among the reasons for sentencing) [the scope of applicable sentences under the law] Type 1 of the Act on the Suspension of Execution [the scope of applicable sentences under the law] - one month or seven years [the general person subject to sentencing] [the special person subject to sentencing] - Where the element of punishment is not punishable (including serious efforts to recover damage) or considerable damage is recovered, [the scope of recommended sentence] / [the scope of recommendation] two months or one year from 2 months to 1 year from [the scope of recommendation] - Majorly half of the mitigated element [whether suspended sentence is suspended] - The main reason for suspended sentence (including serious efforts to recover damage) - General extenuating circumstances: Determination of sentence] lack of criminal records above positive suspended sentence (decision of sentence], but the defendant did not suffer any unexpected injury to the victim due to the instant crime.