(영문) 수원지방법원 평택지원 2017.07.20 2017고단548

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자간(%)

(영문) 수원지방법원 평택지원 2017.07.20 2017고단548

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 January 12, 2017, 18:45 on January 12, 2017, the Defendant had “director” to the victim B (son, 13 years old) at the bus stops located in the village of the non-surg in the two sides of the city.

“In doing so, without any particular reason, the victim’s head was 10 times of the victim’s head with the hand floor with the hands-on without any specific reason, and the victim suffered injury, such as acute stress reaction with which the number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs, treatment records, and medical certificates of victims;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The minor injury (the scope of recommended punishment) in the mitigated area (two months to one year) (the person subject to special mitigation) of the mitigated area (the number of persons subject to special mitigation) of one type (the scope of recommended punishment) general injury;

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- Even though there has been a history of punishment several times for the same crime, and again, the crime of this case has been committed, however, that the degree of damage caused by the crime of this case does not exceed the extent of damage. - The defendant is against his mistake.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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