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Reasons
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(영문) 인천지방법원 2016.08.18 2016고단2511
상해
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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 January 10, 2016, at around 05:30, the Defendant suffered bodily injury, such as a closed eye and a marlete, which require medical treatment for about 44 days to the victim, on the front side of the 623rd-gu Incheon Bupyeong-gu, Incheon, on the ground that he judged the victim B (22 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement made with respect to C and D;

1. A report on investigation (Attachment of a certificate of injury) and the application of statutes;

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 Social Service Order Criminal Act / [the scope of recommended punishment] General Injury / [the scope of recommended punishment] General Injury / [6 months-2 years] of the aggravation area (the special aggravated person] / the scope of sentence comparison between the applicable sentences and recommended sentences: Six months-2 years [the decision of sentence] of the Defendant was sentenced to suspension of indictment for violence in 2013, and there is no record of criminal punishment.

Although there was a serious injury, and the injury is not recovered, the defendant has no record of criminal punishment. At the time of the crime of this case, the defendant was assaulted by the injured person, but the injured person was not subject to a disposition of non-prosecution (not subject to prosecution). The victim did not want the punishment, and other circumstances constituting the conditions for sentencing specified in the argument of this case shall be considered to determine the punishment as ordered.

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