beta
(영문) 의정부지방법원 2014.03.21 2013고단3351

상해

Text

A defendant shall be punished by imprisonment for four 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

The Defendant, while collecting and maintaining the livelihood of the household store by endeavoring to help the work of its employees at the “D household store” located in Dong-gu, Dong-gu, Dong-gu, Dong-gu, and the victim E (E and 40 years old) collected the abolition of the above household store, and the Defendant was against it.

On September 21, 2013, at around 15:15, the Defendant: (a) committed a dispute about the abolition and collection of the victim and the said household store in front of G restaurant in Dong-gu, Dong-gu, 2013; (b) had kneeed three times of the victim’s face; and (c) had four times of the victim’s knee, knee, knee, etc.; and (d) suffered injury from the victim’s knee and knee in the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A H statement;

1. Application of Acts and subordinate statutes on injury photographs;

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

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Determination of Punishment] - In general injury (special person with a disability ] - In case of minor injury (including serious efforts to recover damage) to mitigation elements (type 1,4) - In case of minor injury (including serious effort to recover damage), or where considerable damage has been recovered, the victim [the scope of recommendation area] mitigation area / [the scope of recommendation area] 2 months to 1 year [the main reasons for suspended execution] - Victims who are vulnerable to negative crimes - Major witness reasons - Not guilty of minor injury punishment (including serious efforts to recover damage): There is no criminal record above positive suspension of execution (decision of sentence) - The defendant has no criminal record above positive suspension of sentence / The defendant has unilaterally sought the victim with hearing impaired and hearing impaired as well as has been punished three times due to the exercise of violence for the same reason. Therefore, imprisonment has been chosen after the lapse of imprisonment with labor, but is minor, and is relatively minor to the victim and the victim.