beta
(영문) 인천지방법원 부천지원 2014.10.29 2014고단2134

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on September 3, 201, and the judgment became final and conclusive on September 12, 2014.

On July 28, 2014, around 14:45, the Defendant suffered injury, such as the complete escape of the baby requiring treatment for about 14 days, by taking care of the victim E (the age of 29) and Si expenses, in relation to the purchase of vehicles from the 'D' of 107, Bupyeong-gu, Busan Metropolitan City C Building 107.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. A photograph of each damage;

1. Previous records of judgment: Application of criminal records, correspondence reports, investigation reports (in cases of a copy, etc. of judgment), written judgments (in cases of Incheon District Court 2013 high-ranking 6378, 2014 high-ranking 3352 (Merger)) and other statutes;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes are as follows: (a) the Defendant unilaterally assaults the victim and did not make any effort to recover from damage even though he/she had committed serious bodily harm, such as the victim’s withdrawal from two fronts; and (b) the Defendant has four criminal records related to violence, etc., it is inevitable to sentence sentence on the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects; (b) there is no record of being sentenced to punishment exceeding the fine due to the same kind of crime; (c) the previous conviction and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act; and (d) the Defendant’s age, character and conduct and environment; (b) the process and motive leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., and