(영문) 부산지방법원 2016.01.20 2015고단7786

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.01.20 2015고단7786

상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2015, at the entrance of the Busan Dong-gu B 4th floor C, the Defendant provided drinking only without cleaning the victim D (54 aged) who is the general director of the public announcement board, and was intending to the president of the Defendant’s public announcement board on the ground that the Defendant was able to engage in drinking at the entrance of the public announcement board of the Busan Dong-gu B 4th floor, Busan, and the Defendant was able to do so two times, and the victim was bleeped with the victim, and the victim was bleeped with drinking, and the head and chest of the victim was flicked more than twice in drinking, and the victim was injured, such as a blick bridge, etc., for about four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation report (as to the degree of injury of suspect D) - Application of victim photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act that selects the punishment provided for in the corresponding provision of the Act on the Punishment of Criminal Crimes;

1. The reason for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general injury [the scope of recommendation] mitigation (2.-1 year] [the victim] [the victim] also has a considerable responsibility for the occurrence of the crime (the decision of sentencing] crime of this case is that the defendant inflicted an injury upon the victim requiring four weeks medical treatment as above, and the nature of the crime is not weak.

However, the punishment is determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, etc., where the defendant is against the defendant, where the victim is fully responsible for the occurrence of the crime, and where the victim is responsible for the occurrence

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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