(영문) 부산지방법원 2015.11.12 2015고단6385

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(영문) 부산지방법원 2015.11.12 2015고단6385

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 02:40 on September 12, 2015, the Defendant, while drinking W(50 years of age) and drinking alcohol at the Busan East-gu, Busan-dong, the center of Busan-dong, was around 206, and the Defendant, on the ground that the horses were without permission, caused damage, etc. to the victim, by taking the head of the Defendant, who was seated on the floor of the Defendant, kiding the front of the victim, so that the victim’s face can be cut up to the floor, making the victim take a hand-on and walking the body of the victim who was above the floor, and taking a face of the victim, who is in need of treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written suspect interrogation protocol of the police;

1. Statement of the police against X;

1. Application of Acts and subordinate statutes to certificates of medical treatment, victims' photographs and medical certificates;

1. The pertinent provision of the criminal facts, Article 257(1) of the Criminal Act regarding the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general injury [the scope of punishment], where the victim has considerable responsibility for the occurrence of crime or the expansion of damage (including serious efforts for recovery of damage) in the mitigated area (2 months to 1 year)], where the victim is also liable for the occurrence of crime or for the expansion of damage, / where the serious injury (including serious effort for recovery of damage) or considerable damage has been recovered / [decision of sentence] of this case has considerable responsibility for the victim, and there is a good condition favorable to the defendant, such as the victim's failure to want the punishment.

However, in consideration of all the circumstances, such as the fact that the defendant had been punished several times for the same type of crime, and the defendant, whose social relationship is unclear, was committed in the course of trial under the influence of alcohol, and the damage of the victim is also significant, a sentence like the order shall be imposed.

참조조문

-형법 제257조 제1항

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