(영문) 제주지방법원 2016.11.03 2016고단824

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(영문) 제주지방법원 2016.11.03 2016고단824

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:30 on February 19, 2016, the defendant, while drinking alcohol together with the defendant's friendship E and E, the victim F (the 25 years of age) in the room of "Dju" located in Jeju City, around 03:30 on February 19, 2016, the defendant was faced with the victim's face.

As a result, the Defendant suffered injury to the victim in terms of the closed and upper frame requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on internal investigation:

1. A medical certificate;

1. Application of case-related photographs (F) statutes

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Persons whose basic area (4-1 year and six months) (special-speed persons) is mitigated (special-speed persons) in the sentencing guidelines: The serious injury (1-4 types) committed by victims when the victims are fully responsible for the occurrence of crimes or the expansion of damage:

2. Determination of sentence: The defendant's age, character and conduct, environment, background and consequence leading to the crime of this case, circumstances after the crime of this case, sentencing examples in similar cases, and other various conditions of sentencing as shown in the pleadings of this case shall be taken into account; in particular, the following circumstances shall be taken into account: (a) the defendant's act of this case appears to be significant in the degree of injury suffered by the victim, such as the victim being under the procedure for blood transfusion, satisfing, and satisfing into the right side and the satisfing of personality: (b) the defendant was unable to recover from damage suffered by the victim or have been used for the crime of this case; and (c) the defendant was punished twice for the same kind of crime;

The favorable circumstances: The defendant led to the confession of the crime of this case; the victim was first suffering from the illness of the defendant; and the defendant seems to have caused the occurrence of the crime of this case. The same kind of crime before the crime of this case is committed.

참조조문

-형법 제257조 제1항

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