(영문) 의정부지방법원 고양지원 2016.09.30 2016고단944

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2016.09.30 2016고단944

상해

Text

A defendant shall be punished by imprisonment for six 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

around 05:00 on March 6, 2016, the Defendant: (a) expressed the victim’s desire to go to the victim on the ground that the victim C (the victim C, 51 years of age) was in a relationship with the Defendant on the road; (b) took the victim’s head at 2:3 times by drinking; (c) taken the victim’s head into a park airter located in the Eunpyeong-gu Seoul Metropolitan City on the Defendant’s driving vehicle; (d) taken the victim’s head and chin; (e) 3:4 times by drinking the victim’s head and chin; (e) 3-4 times by drinking the victim’s head and chin; and (e) 3-4 times by drinking the victim’s head and kin; and (e) 2- weeks by taking the damaged person into consideration the victim’s head and kin in the vicinity of the Gyeyang-gu on the motor vehicle; and (e) 2- weeks by drinking the victim’s head and kin the victim’s k in the direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. The sentencing of Article 62(1) of the Criminal Act is deemed to be inappropriate in light of the relationship with the victim and the circumstances leading to the commission of the crime.

Many of the defendants have a record of punishing violent crimes.

An opportunity to reflect to a certain extent during the period of detention of a half of a month, and the degree of injury is significant.

Considering the fact that it is difficult to see, and that the agreement was reached smoothly with the victim, the circumstances favorable to the defendant.

In this context, the sentencing conditions such as the defendant's age, sex, environment, occupation and career, family relationship, motive and background of the crime, details of the crime, and circumstances after the crime shall be comprehensively considered.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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