(영문) 대구지방법원 상주지원 2013.11.19 2013고단386

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(영문) 대구지방법원 상주지원 2013.11.19 2013고단386

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on July 4, 2013, the Defendant suffered injury, such as the soften-day wave of the legal ditch that requires treatment for about 14 days, on the ground that the victim D (the age of 15) under the influence of alcohol is considered to disregard himself/herself, on the hand floor of the victim three times, on the ground that he/she is considered to disregard himself/herself.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on internal investigation (six pages of investigation records) and a criminal investigation report (71 pages of investigation records);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(1) of the choice of punishment, and the choice of imprisonment [Article 10(1) or (2) of the Criminal Act shall not apply since it is recognized that the Defendant was under the influence of alcohol at the time of the crime in this case, but it cannot be deemed that the Defendant does not have the ability to discern things or make decisions,

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the parties have agreed with the victim and that there has been no previous conviction for the last three years);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (Article 62-2 of the Criminal Act, Article 62-2 of community service, and Article 59 of the Act on Probation, Etc. (Article 62-2 of the Criminal Act has a record of having been sentenced to a stay of execution of imprisonment or imprisonment three times as a result of the commission of violence, and the two times among them have been detained for a considerable period of time, and there was a record of having been punished several times for the same crime. In this case, without any particular reason, an injury was inflicted on a young victim and the extent and degree of injury cannot be deemed to be negligible. Thus, probation for the corresponding three years, community service for 3

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