(영문) 서울중앙지방법원 2016.05.25 2016고단1310

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자간(%)

(영문) 서울중앙지방법원 2016.05.25 2016고단1310

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2016, at around 04:40, the Defendant reported the victim E (43) (3) at the front of the D convenience store located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that he was living together with the victim, and as a result, the Defendant continued to take the face of the victim by drinking, and continued to turn the victim back to the above convenience store.

Therefore, the defendant put the foundation of the inside and inside walls that require the victim to receive approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A photograph of a CCTV course;

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

1. In light of the relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act regarding the selection of punishment, the reason [the scope of recommendation] for sentencing of punishment of imprisonment [the scope of recommendation] in general, the injury [the person subject to special aggravated punishment] in the aggravated area (six months to two years] [the defendant] (the decision of sentence] has a record of being subject to criminal punishment several times, including the criminal records of suspended sentence due to the same crime, and there are several occasions of criminal punishment. The defendant sought a victim without good cause to be able to obtain it at the time of the instant case, the victim suffered significant obstacle, the victim did not make efforts to recover damage, and the fact that the injured person who did not make efforts to compensate for the severe punishment of the defendant, it is inevitable to sentence sentence against the defendant.

Provided, That the punishment as ordered shall be determined by taking into consideration the fact that the defendant appears to have led to the confession of the crime, the fact that the violence was not committed unilaterally, the age, sexual conduct, environment, etc. of the defendant, and all other circumstances.

참조조문

-형법 제257조 제1항

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