(영문) 대구지방법원 2017.07.20 2017고단2739

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자간(%)

(영문) 대구지방법원 2017.07.20 2017고단2739

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 23, 2017, in light of the NAG-gu Ba-gu Ba-gu Ba-gu repair by the Defendant, at around 12:00, the Defendant, while making a de facto marriage dispute with the victim C (the victim 41 years old), who was found to receive management fees and gas costs, brought about about about about two weeks the face of the victim once due to drinking by the victim who was on his/her face while taking a NAbbbbbbb, and caused approximately two weeks of treatment to the victim by going beyond the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is minor injury (one month to one year) in the area of special mitigation (the person subject to special mitigation) (including the person subject to special mitigation), minor injury (including the person subject to serious efforts to recover damage), the amount of punishment not punishable (including the amount of effort to recover damage), or considerable damage is recovered;

2. Circumstances unfavorable to the determination of sentence: The degree of injury is relatively minor and the victim does not want the punishment of the defendant in light of the motive, circumstance, etc. of the instant crime: Taking into account all the circumstances that conditions for sentencing, such as the defendant's age, occupation, sex and environment, family relationship, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, etc.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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