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Reasons
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(영문) 광주지방법원 2015.06.03 2015고단1023
상해
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A defendant shall be punished by imprisonment with prison labor 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

On February 2, 2015, at around 20:0, the Defendant, at the Defendant’s house located in Jeju-si, brought about three times the head of the Victim D (year 42) who was living together, on the ground that the victim D (year 42) did not receive the Defendant’s telephone, and the Defendant was able to take three times the victim’s head in his/her hand.

As a result, the defendant put two parts of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Medical certificates and receipts (D);

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. Scope of recommendations on the sentencing criteria: Basic area of crimes of violence in four months to one year and six months; and

2. Specific grounds for sentencing - reasonable grounds for sentencing: (a) the Defendant is against the instant crime; (b) the injury caused by the instant crime is not more than two weeks of medical treatment; and (c) the Defendant deposits KRW 180,000 for the victim. - The circumstances in which the Defendant was under criminal punishment more than 20 times due to violent crimes; and (d) the Defendant includes four times of suspended sentence. According to the records, including the results of the investigation before the judgment, the Defendant frequently committed legal acts due to the decline in the ability to control the Defendant’s behavior and to solve problems; and (b) the Defendant appears to have committed violent crimes under drinking, such as the order to attend a lecture together.

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