(영문) 수원지방법원 2016.04.01 2015고단5549

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.04.01 2015고단5549

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 24, 2015, the Defendant: (a) at the main point of “C” located in Suwon-si B, Suwon-si on August 24, 2015; (b) while calculating the alcoholic beverage value, the Defendant would have the Victim D (V, 54 years of age) who is an employee.

In addition, 10,00 won was added to 10,000 won, the body of the victim was tightly cut off with the shoulder of the victim, and the victim was walking several times due to the body of the victim, so that the victim was blicked about 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Description of the written diagnosis of injury;

1. Application of each of the visual Acts and subordinate statutes to a photograph after a CCTV is cut;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence on the sentencing guidelines / [type] general injury, basic area of Type 1 (General Injury) (Scope of the recommended sentence], four months to one year and six months;

2. Although the degree of injury of the victim in the decision of sentencing is significant, under the circumstances unfavorable to the disadvantage that the victim did not agree with the victim and did not recover from damage, the defendant has no record of being punished for the same kind of crime between the last ten years, and the defendant has led to confession of the crime under favorable circumstances, and the defendant's age, sexual conduct, environment, and motive for the crime should be considered in light of the various circumstances shown in the arguments of this case, such as the defendant's age, sexual behavior, motive for the crime, etc., within the scope of

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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