(영문) 인천지방법원 2014.10.16 2014고단4922

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(영문) 인천지방법원 2014.10.16 2014고단4922

상해

Text

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

The defendant and the victim C(54 years of age) are the relationship between the defendant and the victim and the victim of the Incheon International Airport as an article of the bareboat.

On June 15, 2014, around 14:30 on June 15, 2014, the Defendant abused the victim's face by making it possible for the victim to have his/her face known to his/her phone prior to the towing, and committing assault, such as taking the victim's face from his/her head several times, and taking the victim's face from his/her head, thereby causing injury, such as influoration and balone, which require approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes to the suspect's body pictures, injury diagnosis reports (C);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) (the scope of general injuries) shall not be the basic area ( April to one year and six months) of the first category;

2. Determination of sentence of this case that the victim suffered serious injury due to the crime of this case, but did not reach an agreement with the victim is disadvantageous to the defendant, the defendant is divided, the defendant does not have the same criminal power, and the defendant does not have any record of punishment heavier than the suspended sentence, considering the circumstances favorable to the defendant, and the fact that there is no record of punishment heavier than the suspended sentence shall be considered as favorable to the defendant. It is so decided as per Disposition by taking into account the various circumstances, including the defendant's age, character and behavior

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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