(영문) 창원지방법원 2019.10.16 2019고단2208

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(영문) 창원지방법원 2019.10.16 2019고단2208

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a management director of “CB” in Kim Sea-si, and the victim D (the age of 40) is a person who works in the above-mentioned business with the bareboat.

At around 01:00 on June 28, 2019, the Defendant: (a) indicated the victim’s complaint against the fact that the manager of the foregoing business establishment should attend the bareboat 9th floor; (b) notified the victim that he/she would retire from the bareboat; and (c) notified the victim that he/she would retire from the bareboat; and (d) the victim would take the bareboat boom; and (e) the victim would take the brightness with the victim’s face at hand and take the body of the victim’s body. In the process of fighting, the Defendant, on his/her own hand, took part in the victim’s face with his/her arms and booming the victim’s face with his/her arms; and (e) when the victim can take the face of the victim by drinking drinking water with his/her drinking water, and (e) made the victim take the part of the victim’s body to take the boom back.

As a result, the defendant suffered injuries such as 9th lupage cupage, internal, and floor cupage which require approximately 8 weeks of medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] - In the area of mitigation (a general injury in two months to ten months) - Special prisons: Cases of considerable responsibility for the occurrence, etc. of a crime even to the victim (a sentence) / [decision of sentence] under the following circumstances, the sentence shall be determined as ordered by taking full account of various sentencing conditions, such as the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the conditions after the crime, etc.:

Disadvantageous circumstances: The degree of violence used by the defendant is not somewhat weak.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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