(영문) 창원지방법원 진주지원 2016.11.30 2016고단894

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자간(%)

(영문) 창원지방법원 진주지원 2016.11.30 2016고단894

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 04:30 on May 31, 2016, the Defendant asked the victim C (53 years of age)’s house in Scheon-si Broom 203, on the ground that the victim damaged the Defendant’s house glass, and the victim’s head and face were taken at the home, but was not drunk, the Defendant asked the victim’s house in Sacheon-si, Sacheon-si, about 05:00 on the same day, how the victim’s head and face were taken at a hand, and how the victim’s house in Sacheon-si, Sacheon-si, would show the victim’s glass, but the Defendant asked the victim’s head and face at the house without his answer, and the victim’s face can be taken at a hand, and the victim’s face can be taken at a hand, and the victim’s appearance exceeded the victim’s floor.

As a result, the defendant set a framework for the victim, which requires approximately six weeks of treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report (a copy of a certificate of medical records attached);

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. In light of the following: (a) the Defendant’s reason for sentencing under Article 62(1) of the Act on the Suspension of Execution: (b) the victim was several times; (c) the degree of the victim’s injury was significant; and (d) the Defendant had the record of having been punished twice by the same kind of violent crime, the Defendant’s liability for the crime

However, in the process of protesting against the defendant's criminal act, and the victim's damage to the defendant's house glass, there are some extenuating circumstances in the process of such a case, the defendant's reimbursement of medical expenses to the victim, there is no penalty power for the defendant, and the same kind of violent crime power has expired for a considerable period, etc., which are favorable to the defendant.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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