(영문) 대구지방법원 2015.06.04 2015고단1480

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(영문) 대구지방법원 2015.06.04 2015고단1480

상해

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A defendant shall be punished by imprisonment for not less than eight 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 March 10, 2015, the Defendant: (a) driven a Pacific car in front of the Daegu Southern-gu, Daegu-gu, on March 11, 2015, the Defendant shocked the victim D (V, 68 years of age) who was parked by the CP car with the CP car in front of the said car, and brought the car at the vehicle.

The victim who had observed this Chapter was found to have checked the above so-called "Ausa car", and the defendant again attached the defendant to the driver's seat of the above so-called so-called "Ausa car."

Accordingly, the defendant driving a vehicle after cutting the victim's chest, so far as he can be pushed down by hand, and driving the vehicle, and leaving the victim to do about 6 weeks of treatment, 11 of the chest 11 was closed down.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Injury [Article 62(1) of the Criminal Act] In the area of aggravation of sentence (Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1) of the Criminal Act] / [Article 62(1) [Article 62(1) of the Act] / [Article 62(1) of the Act [Article 62(1) of the Criminal Act].

However, the fact that the defendant paid 4.5 million won to the victim and agreed with the victim, that the defendant repents and reflects the error, and that the defendant has no criminal power, other than twice the same power or fine, shall be considered as favorable circumstances.

In addition, in full view of the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, character and conduct, career, and environment, as shown in the instant pleadings, the punishment as ordered shall be determined.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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