(영문) 수원지방법원 2015.10.05 2015고단3086

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(영문) 수원지방법원 2015.10.05 2015고단3086

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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2014, at around 01:00, the Defendant abused the victim E (the age of 58) while drinking alcohol on the front side of the D week located in Masung City, and engaging in a dispute with the victim E (the age of 58) on the face of the Defendant, and suffered injury to the victim for about 8 weeks by assaulting the victim, such as taking the face of the victim, taking the face of the victim, and taking the face of the victim's face into drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of suspect E by the prosecution;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General In the case where the victim is fully responsible for the occurrence of the crime even in the basic area (4 to 1.6 months) [Special Mitigation and Aggravation] / In the case where the victim is also responsible for the occurrence of the crime, the degree of violence committed by the victim (determination of sentence] seems not to be less complicated. Accordingly, the victim suffers a relatively serious injury requiring medical treatment for a considerable period of time, and the defendant appears to have taken the attitude of not recognizing his mistake in the investigation process, and there are some circumstances to be taken into account in the process of the crime of this case, such as the fact that when the victim faces face of the defendant, the victim was given the opportunity for the crime of this case, that the defendant deposited KRW 2 million for the victim, that there was no history of punishment exceeding the defendant, and that there was no history of punishment for violence after 199, and that there was no record of punishment for the crime after 199.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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