(영문) 부산지방법원 2020.03.25 2019고단6084

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Reasons

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자간(%)

(영문) 부산지방법원 2020.03.25 2019고단6084

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on September 9, 2019, the Defendant, on the second floor of the building located in Busan B, suffered from the injury that the victim c(49 years of age) and drinking spawned without any example to the Defendant, on the ground that the victim clicked away from the part of the victim, and the head of the victim was clicked, and the victim’s head cannot be known at one time due to the tree spawn, and the victim’s head cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to records of emergency medical services log and emergency department;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. The scope of punishment by law: Imprisonment for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (special person in appearance] and mitigation factors: Reduction areas of punishment (the area of recommendation and recommendation range) and reduction areas: Imprisonment for two months to ten months; and

3. Determination of sentence: Six months of imprisonment and two years of stay of execution [the sentence shall be determined as ordered in consideration of the fact that the defendant committed another bodily injury in spite of the fact that the defendant had been punished several times for the same kind of crime, and that the degree of injury of the victim is not minor; however, the defendant has agreed smoothly with the victim while against the crime in this case, taking into account the defendant's age, character and conduct, family environment, motive and means of the crime, circumstances after the crime, etc., and other circumstances of sentencing specified in the records of this case, such as the age

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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