beta
(영문) 광주지방법원 해남지원 2017.11.02 2017고단303

상해등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In around 02:00 on July 22, 2017, the Defendant suffered injury or damaged property: (a) on the ground that the Defendant only 302 heading rooms located in Jindo-gun, Jindo-gun, Jindo-gun, for the victim E (nivers, 28 years old) and carried one cell phone at the floor when the victim’s Samsung Gallon-gun, thereby damaging the victim’s Samsung Gallon road so that the market value of repair costs would be reached; and (b) on the part of the victim, the Defendant tried to see the victim by spathing flab, spathing the victim’s flab, and gathering the phone at the guest room; and (c) continuously kneeing the victim’s left-hand knee while drinking together with the victim before the aforesaid elus, making the victim unable to know the number of days of treatment, thereby causing injury on the left-hand kne, etc. of the victim.

2. The Defendant: (a) was aware of the same day at around 03:10 on the same day, and found in the International Mour 302 heading room operated by the victim H in G, thereby damaging the visits to cover repair costs of KRW 100,000 each time on the ground that the visit is not opened.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A H statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria;

(a) Crimes of Bodily Injury [Scope of Recommendations] General Bodily Injury, Type 1 (General Bodily Injury) (one month-one year-one year-one) (Special Contributor), Minorly Injury or Non-Punishment

(b) Each kind of crime of damaging property [the scope of recommending punishment] general standards (such as damage to property, etc.) within the mitigation area (one month to six months) (special mitigation factors)

(c) Final sentence scope following the aggravation of multiple offenses: Imprisonment with prison labor for one month to one year; or

2. The defendant who has been sentenced to punishment has not been convicted of violent crimes even though he had the record of punishment several times.