logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2015.06.25 2015고단623
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2015, at around 05:30, the Defendant took part in a dispute with the victim E (the age of 55) in front of the D Hospital in Bupyeong-gu, Seocheon-gu, Seoul. On January 1, 2015, and took part in the victim's face, and took part in drinking with the victim's left eye and face part, and suffered injury, such as the left-hand side of the victim's 8 weeks of treatment, and the removal of internal wall, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes to death diagnosis reports and investigation reports (attached medical certificates for submission of suspect E);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendation [Determination of type] Sentencing for violent crimes, general injury (type 1) and no general injury (type 1) (the scope of recommendation sentence] (the scope of recommendation sentence] - April to June (basic area)

2. Determination of sentence: In light of the fact that the Defendant, six months of imprisonment and one year of suspended sentence, committed the instant crime without being aware of the fact that he was punished for a crime related to violence, and that the Defendant did not receive a letter from the victim even though he suffered a relatively heavy injury in the eight weeks of full custody, the Defendant’s liability for the crime is not less light.

However, the sentencing conditions of the defendant, such as the defendant's age, character and conduct, environment, motive, means and consequence, circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court shall be determined by taking into account the following factors: (a) the defendant is led to confession, there is no record of criminal punishment exceeding the fine; (b) the defendant deposited 3.5 million won for the victim;

arrow