(영문) 서울동부지방법원 2020.04.27 2020고단523

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(영문) 서울동부지방법원 2020.04.27 2020고단523

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 05:00 on February 2, 2020, the Defendant: (a) viewed the victim C (manam and 18 years of age) as acting as well as acting as the Defendant; (b) was under the influence of alcohol on the ground that the victim C (manam and 18 years of age) was able to take the head debt of the victim; (c) was able to take the victim's head debt by hand; (d) was able to take the victim's face by drinking, and (e) was taken the victim's face.

As a result, the Defendant inflicted injury on the victim, such as the closing frame of internal walls and internal walls necessary for treatment for about 56 days.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (STV image verification), and a report on internal investigation (Submission of a report on injury);

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury (special person in a form of punishment] - The factors of mitigation: The amount of severe injury [the scope of recommendations and recommendations] - The basic area of injury [the scope of recommendations and recommendations], the period of four to one year and six months [the general person in a form of punishment] - The factors of mitigation: The serious reflection [the reasons for suspension of execution of punishment] - The major reasons for suspension of execution of punishment - The general pride: The reason for suspension of execution of punishment - There is no serious reflection or any criminal offense beyond suspension of execution of sentence.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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