logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.06.10 2016고단141
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 November 27, 2012, the Defendant was punished by a fine of 1.5 million won as an injury in the Daejeon District Court’s support on the part of the Defendant and four times of violent crimes.

On February 22, 2016, the Defendant, at around 00:30, sustained a dispute with the victim B (55 years old) in front of the coastal shelter located in the Sojoon-Eup Si, Masan-si, Masan-si. On February 22, 2016, the Defendant suffered injury to the victim, who continued to use the victim’s body on the floor once due to the event, and went on several occasions due to the occurrence of the event, resulting in the victim’s injury, such as a closed dive flas, which requires treatment for about 42 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] is to be strictly punished in light of the following: (a) the mitigation area (two months to one year); (b) the punishment is not to be imposed (including efforts to recover damage), or where considerable damage has been restored (the decision of sentence] the defendant committed the instant crime even though he/she had the record of being punished several times for the same crime; and (c) the degree of injury of the victim is not easy.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, relationship with the victim, circumstance after the crime, etc., in consideration of the fact that the victim is against the defendant's wrong, the victim wants the defendant's wife by mutual agreement with the victim, the fact that there is no past record of the crime above the suspension of execution, the defendant's age, sexual behavior, environment

arrow