(영문) 수원지방법원 안양지원 2020.06.04 2020고단475

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2020.06.04 2020고단475

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

The defendant and the victim B(the age of 61) are marital relationships.

On September 4, 2019, from 04:0 to 04:30 on September 4, 2019, the Defendant, while engaging in a dispute with the victim on the ground that the victim had a large amount of dynamic image viewed as a mobile phone at the inside of the residence of Macheon-si, the Defendant sustained an injury to the victim’s left-hand side of the treatment days by brushing a new mosty in the left-hand side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigative Report - Application of Acts and subordinate statutes of the victim B of an injury investigation report - Application of a photograph of the left-hand flaps

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of types of punishment), violent crimes, Type 1 (General Bodily Injury): In cases where an intentional injury is committed on the part of the person concerned, a member who has not been punished [the area of recommendation and the scope of recommended punishment] special mitigation area, imprisonment with labor for one month through October [the general person] mitigation element: In cases where an intentional crime is committed on the part of the person concerned [the grounds for suspension of execution] major pride factors: In cases where an intentional crime is committed on the part of the person concerned, a member who has not been punished (including efforts to recover damage).

3. Determination of sentence: The decision shall be made as the Disposition in consideration of the force of the defendant for six months of imprisonment, one year of suspended sentence, the relationship between the defendant and the injured party, the circumstances in which the injured party does not want the punishment of the defendant

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

-서울중앙지방법원 2013.07.09 2013고단1754

-서울남부지방법원 2014.04.10 2014고합64

-울산지방법원 2020.11.13 2019고단5441

-광주지방법원 목포지원 2019.03.29 2018고단799

-광주지방법원 목포지원 2019.04.30 2018고단1098