(영문) 대전지방법원 서산지원 2014.02.21 2013고단777

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(영문) 대전지방법원 서산지원 2014.02.21 2013고단777

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 27, 2013, at around 23:50 on July 27, 2013, the Defendant: (a) smoked on the street in front of the Cju in the village shopping mall in Jinjin-si; (b) she saw that the victim D (the age of 43) was a business owner of E that he had a good appraisal with him; (c) taken a bath for the victim; (d) her drinking part inside the right side of the victim; (e) her drinking part; (d) walking the victim’s bridge on 3 occasions; and (d) her drinking part of the victim’s internal part of the victim; and (e) taken the victim’s right hand, etc. by walking the victim’s side gate on 3 occasions; and (e) taken the victim’s right hand.

As a result, the Defendant abused the victim and inflicted an injury on the part of the victim, which requires about 4 weeks of treatment, such as franchisium, franchisium, franchisium, franchisium, franchisium, and other franchisiums and losses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each injury diagnosis certificate and opinion;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that there are many criminal records against the defendant for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Probation Act is disadvantageous to the defendant.

However, the defendant reflects his mistake, and the fact that the defendant agreed with the victim was committed in this court shall be considered as favorable to the defendant, and the defendant shall be determined as ordered in consideration of all the circumstances of sentencing indicated in the records, such as the background leading to the crime of this case, the age of the defendant, and criminal records, and the punishment shall be determined as ordered by suspending the execution thereof, and the defendant shall be ordered to provide community service.

It is so decided as per Disposition for the above reasons.

참조조문

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