beta
(영문) 전주지방법원 2017.04.27 2016고단2506

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant: (a) around 21:40 on August 18, 2016, to the Victim C (57 tax) who is a substitute driver (57 tax) who was operating the Defendant’s car on the street in front of the Jinjin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on the street; (b) why the Defendant would not drive the Defendant’s car; and

In the city's breath, the victim's hair with the vehicle's hair was shakend by the breath hand, and the victim's face, which was taken on the vehicle, was inflicted on the victim's face by drinking and drinking at hand, and was in need of approximately 3 weeks' medical treatment, such as brain dynas, which requires approximately 2 weeks' medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying reports, report on the violence father and statement, etc. of C, report on internal investigation into A's violence violence father and statement, etc., and report on investigation into the investigation;

1. Application of Acts and subordinate statutes to field photographs and written diagnosis of each injury;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 32 (1) and Article 25 (3) 3 (where the scope of compensation is unclear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended punishment on the sentencing criteria [the range of the recommended punishment] that there is no one type (the general person in general in sentencing] (the scope of the recommended punishment] (the scope of the recommended punishment), from April to June (the basic area).

3. The fact that the defendant, who is a substitute driver, committed a crime of the same kind because of the fact that the driving of the victim, who is a substitute driver, does not lead to the mind of the mind of the mind of the victim, and the victim committed a serious injury to the victim, the victim wanting to punish the defendant, and the defendant again commits a crime of the same kind, even though there are many enemys who were punished for sexual or violent crimes, is disadvantageous to the defendant.

(b).