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(영문) 창원지방법원 통영지원 2018.01.23 2017고단1708
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2017, at the main point located in B at the time of a show of hands on May 9, 2017, the Defendant said that the Defendant would not take the bath against the Defendant, an employee, C (39 years of age).

As a result, the victim's breath was shaking the breath of the breath, the victim's breath was boomed, the victim's breath was towed out of the main stairs, and the victim's face was taken through the breath of the 7-day medical treatment, and the victim was injured by the breath of the breath of the breath.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A damaged photograph;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general injury to the basic area (from April to January 1) (the person who has no special sentencing seal];

2. The fact that the Defendant committed the instant crime even though he/she had a record of punishment several times of the same crime, and that it did not reach an agreement with the victim is disadvantageous.

However, it is against the defendant's recognition of the crime of this case, and the degree of injury suffered by the victim is not expected to be serious, and other factors of sentencing, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be comprehensively considered to determine the punishment as ordered.

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