beta
(영문) 대전지방법원 천안지원 2017.05.26 2017고단583

상해

Text

The punishment of the accused shall be determined by four months of imprisonment.

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

Reasons

Punishment of the crime

피고인은 2017. 1. 16. 02:58 경 아산시 B에 있는 충남 아산 경찰서 C 지구대에서, 피해자 D(25 세) 가 ‘ 깜 빵을 가야 한다' 라는 등의 말을 하자 이에 화가 나 손으로 피해자의 얼굴 윗부분을 수회 때려 피해자에게 치료 일수 불상의 눈 부위가 찢어지는 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [The reason for probation] / In the case of the general injury [the person subject to special sentencing] - In the case of minor injury (including the person subject to special injury) - In the case of minor injury (including the efforts to recover damage), punishment non-won (including the serious effort to recover damage), or considerable damage restoration (the decision in the recommended area] the area of special mitigation [the scope of recommendation] / 1 year from January to 1 year [the scope of recommendation] the area of special mitigation [the scope of general sentencing] - the serious half [the main reason for probation] - The positive injury, punishment not (including the serious reason for probation for recovery of damage] - The positive reason for probation / [the general reason for probation] - There is no clear social relation, contingent crime, serious reflect, or no criminal record exceeding a suspended sentence.