(영문) 서울북부지방법원 2014.07.24 2014고단1734

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자간(%)

(영문) 서울북부지방법원 2014.07.24 2014고단1734

상해등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. At around 16:50 on April 27, 2014, the Defendant: (a) stated that, while under the influence of alcohol, the Defendant would request the victim C (the age of 50) to provide alcohol; (b) but, on the ground that the victim would be said, the Defendant was able to provide alcohol to the victim C (the age of 50) on the ground that he/she would be the victim; (c) and (d) stated that the victim would be the victim, the Defendant was able to take care of the victim’s face on the left side and the part of the treatment days.

2. At around 14:00 on April 26, 2014, Defendant 2 abused the body and face of the victim D (the age of 53) who was drinking in the said park without any justifiable reason at a two-way park located in Gangseo-gu, Seoul, Gangnam-gu, Seoul, by walking the body and face of the victim D (the age of 53) who was drinking in the said park under the influence of alcohol, caused an injury to the victim during the treatment period, such as hinging the victim E (the age of 64)’s snow around the snow of the victim D, and shicking the victim E (the age of 64).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and C;

1. Application of each statute on photographs;

1. Relevant Article 257(1) and Article 260(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Although probation and order to attend a lecture may have the same or similar type of reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration the following: (a) the Defendant appears to be suffering from currently alcohol disorder; (b) the degree of damage cannot be deemed significant; (c) the Defendant committed each of the instant crimes in a contingent manner under the influence of alcohol; (d) the Defendant committed a prison life for approximately two months; and (e) the confession of each of the instant crimes and reflects the depth thereof.

참조조문

유사 판례

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