(영문) 울산지방법원 2014.07.17 2014고단1115

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(영문) 울산지방법원 2014.07.17 2014고단1115

상해

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A defendant shall be punished by imprisonment for not more than ten 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

At around 02:23 on December 2013, the Defendant: (a) committed an injury to the victim’s head and part of the victim’s head, and part of the other side of the victim’s face from the victim on the ground that the victim D (the age of 42) applied tobacco to female-friendly female job offers female employees at the above main point; (b) when the victim’s face is faced with the victim’s face by drinking, the Defendant her head and part of the victim’s head, and part of the other side going beyond the floor of the string of the 8 weeks, and her head and part of the victim who walked from the string of the string to the string of the 2013, thereby causing approximately eight weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (Investigation of the counter party of the shootings);

1. Application of Acts and subordinate statutes (Evidence Nos. 5);

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Injury (Aggravated Injury in General) No. 1 area (A. 4 to 1 year and 6 months) basic area (A. 4 months) [A. 【Special Mitigation (A. 1 and 4 types)] / A. 【Determination of a sentence of sentence】 When the victim was injured, the defendant suffered injury such as cerebrovascular during the treatment period of not less than eight weeks, and the victim suffered injury by considerable after the crime, and the victim is under considerable after the crime, so that he/she should be subject to severe punishment corresponding to his/her criminal liability.

However, the sentence shall be determined and sentenced as ordered in consideration of the fact that the defendant recognized the crime, the first offender, the victim and the victim expressed their intention not to want the punishment of the defendant.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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