(영문) 인천지방법원부천지원 2020.10.27 2020고단2060

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Reasons

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자간(%)

(영문) 인천지방법원부천지원 2020.10.27 2020고단2060

상해

Text

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

At around 21:30 on April 17, 2020, the Defendant reported that the victim C (the 40-year-old age) walked with D, a person living together with D, who is a defendant, and suffered bodily injury, such as the so-called “dyp, why there is any dyp, why there is any dyp, and why there is any dyp,” the victim’s face at a drinking time, the victim’s body was cut off due to the syp, and the victim’s face was faced with a dyp, including a dyp, which requires approximately four weeks of treatment on the part of the victim, and the dyp of internal wall, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to suspect C's damaged photographs, CCTV image photographs for crime prevention, and death diagnosis reports;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime even though he/she had the record of serving several times of punishment for the same kind of crime, and that the degree of injury of the victim is not less than that of the Defendant.

However, considering the fact that the defendant recognized the crime of this case, there is no criminal punishment exceeding the fine, the fact that there is no criminal punishment exceeding the fine, and the fact that the victim agreed with the victim, etc. as favorable to the defendant, and other factors of sentencing as stated in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as stated in the order,

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

유사 판례

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