beta
(영문) 수원지방법원 2019.02.12 2017고단8588

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 16, 2017, at around 23:36, the Defendant: (a) obstructed the body of the victim D (the age of 65) by hand, without any reason, while under the influence of alcohol, and (b) obstructed the victim’s face at one time; (c) caused the victim to suffer an injury, such as heal stroke, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement made to D by the police;

1. A report on internal investigation:

1. CCTV-cap photographs;

1. Investigation report (as to hospitalization of the victim hospital):

1. Each written diagnosis;

1. Certificates of hospitalization, discharge, etc.;

1. Photographs (D damaged parts);

1. Certificates, etc. of medical certificates, prescriptions, copies of medical records;

1. Application of Acts and subordinate statutes to investigation reports (specific days of injury medical treatment);

1. The Defendant and the defense counsel’s assertion of the relevant Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, Article 257(1) of the Criminal Act, the Defendant and the defense counsel are asserting that it is difficult to view that the victim’s her he/she suffers her

However, according to each evidence duly adopted and investigated by this court, it is reasonable to view that the victim suffered injury due to the Defendant’s assault, in full view of the following facts: (i) the victim was inspected by Ald E Hospital on the day following the instant crime and was hospitalized in Hedal stroke, and (ii) the victim did not confirm other factors than the instant crime because there was no internal medical treatment for three years prior to the instant crime; and (iii) the stroke is likely to occur due to external wounds.

Therefore, the defendant and defense counsel's above assertion is not accepted.

Reasons for sentencing

1. The scope of recommendations (the scope of recommendations) on the sentencing criteria: General injury (the scope of recommendations) and the aggravated area (6-2 years) (the person under special circumstances) of category 1 (the amount of injury in general).

2. The Defendant, who was under the influence of alcohol, inflicted an injury upon the victim of the street keepers by provoking a trial expense and causing the victim’s face.