(영문) 서울동부지방법원 2016.06.22 2016고단396

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.06.22 2016고단396

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 23:00 on January 2, 2016, the Defendant: (a) was punished for trial expenses on the street in front of the main line of “C” located in Songpa-gu Seoul, Songpa-gu, for the Defendant’s daily activities and activities of the victim D (n, 37 years of age) due to each other under the influence of alcohol; (b) while the Defendant was in physical fighting with the victim, the Defendant got out of the floor, resulting in the victim’s left hand hand over; and (c) the victim’s left hand hand over 8 weeks of the victim’s left hand over the floor, and led the victim to the incomplete cutting of the original part of the 1 number of parts, and the upper part of the left part of the 1 water surface, which require approximately 8 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspects of D;

1. A E-document;

1. Application of medical certificates, written confirmation of hospitalization, written confirmation of surgery, on-site photographs, and Acts and subordinate statutes concerning damaged parts of photographs;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense. Article 257 (1) of the said Act (Selection of Punishment of Imprisonment);

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [the scope of recommendation] general injury of category 1 (general injury) and the aggravated area (6 months - 2 years): the serious injury (decision of sentence] victim's injury is considerably serious.

However, it is so decided as per Disposition in consideration of all kinds of sentencing conditions, including the fact that the defendant has no record of punishment, the fact that the defendant might have reached the crime of this case by contingently, the fact that the victim committed the crime of death, the fact that the victim is divided while committing the crime, the remittance of KRW 10 million to the victim to recover the damage, and the age, gender, occupation, etc. of the defendant.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

-대구지방법원 서부지원 2018.12.20 2017고정667

-대구지방법원 2016.04.29 2014노4478

-대구지방법원 2016.02.05 2014노3622

-광주지방법원 순천지원 2016.03.30 2015고단1875

-서울동부지방법원 2018.02.09 2017고단3181