beta
(영문) 수원지방법원 2017.04.19 2017고단1047

상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On September 24, 2015, the Defendant was sentenced to one year of a suspended sentence to a general automobile fire-prevention crime at the Changwon District Court, and the judgment became final and conclusive on October 2, 2015, but the said suspended sentence was revoked on January 14, 2016, and the execution of the said sentence was completed in Busan Prison on October 7, 2016.

[2] On February 12, 2017, at around 01:30, the Defendant: (a) committed an injury, such as double dubs, which requires treatment for about 70 days, to the victim D (64 years) who was under drinking together with C, and was in the process of refusing to demand an alcohol; (b) the victim’s chest was fluoring the victim’s chest on his/her own hand; and (c) the victim’s chest was fluoring the victim’s face and clothes; and (d) the victim’s chest was fluoring the victim’s face and clothes.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Each photograph, the contents of which are reported;

1. A medical certificate of injury, and a medical opinion;

1. Previous records: Confirmation of the current status of confinement by individual, text of judgment, investigation report (verification of suspect, repeated crime, etc.), and application of Acts and subordinate statutes as a result of inquiry;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [general injury] Type 1 (General Bodily Injury] (4th - one year and six months) basic area (special sentencing factors] mitigation factors (where the victim has considerable responsibility for the occurrence of crimes or the expansion of damage) and aggravation factors (serious injury)