(영문) 인천지방법원 2014.04.09 2013고단6795

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자간(%)

(영문) 인천지방법원 2014.04.09 2013고단6795

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 31, 2013, at around 20:30, the Defendant, at around 20:30, carried out a dispute with the victim D (the 54 years of age, women) due to the problem of house taxes, etc. in the E-mail line operated by the Incheon Strengthening Military Co., Ltd., and took part in the victim's neck once by hand, and her chests of the victim who want to come out of the booms once, and her chests of the victim who want to come out of the booms up to 3 to 4 times, followed up the victim's chests to be treated for about 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the police interrogation protocol against the defendant

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Scope of the recommended sentence on the sentencing guidelines [the determination of types] general injury [the person specially punished] - mitigated factors: Involuntary mitigation factors - Victims who are vulnerable to crimes (the scope of recommendations] from April 1 to June 1 (the basic area); and

2. Determination of sentence: (a) although the defendant has been punished for the same kind of crime four times, the defendant has been sentenced to a fine; (b) confession and reflects the crime of this case; (c) the victim does not want the punishment of the defendant by mutual consent with the victim; (d) the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case; and (e) the circumstances after the crime, etc., a suspended sentence

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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