logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.04.19 2016고단3685
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 02:10 on January 2, 2016, the Defendant, while drinking together with the victim E (49 years of age) at the D cafeteria located in Hanam-si, Hanam-si, was under the influence of alcohol, and caused the victim’s face by drinking, and the victim’s head was able to prevent the head by his/her hand. When the victim’s head was her hand, the Defendant suffered bodily injury, i.e., e., e., the thalone and the ethralone between the upper right edges of the five-day center near the upper right edge of the five-day river water that requires treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Complaint;

1. An investigation report (in addition, a written diagnosis of a complainant and a motion picture of the suspect's injury shall be submitted);

1. A criminal investigation report (including the submission of victim E X-ray photographs) / The Defendant denies the victim’s injury, such as the stroke, stroke, and strokeing of 5 heavy water bars.

However, in light of the following circumstances acknowledged by the victim's consistent statement at the investigative agency and court and the evidence of the judgment, the victim complained of the victim's pain from the emergency room to X-ray at the time of the occurrence of the instant case, and the victim later seems to have undergone a re-check at the hospital since 10 days after she did not go through her fingers and pains, etc., the victim was proved to have suffered the above injury due to the Defendant's instant crime.

[3]

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury [the scope of the recommended sentence] where the mitigation area (two months to one year), the punishment of a person who is not subject to special mitigation [including efforts to recover damage], or considerable damage has been recovered (the decision of sentence] where part of the crime is denied, and the degree of injury of the victim is considerably significant.

arrow