logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2020.03.24 2020고단128
상해
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:15 on December 21, 2019, the Defendant: (a) while drinking alcohol together with the victim D(35 years of age) at the south-gu C main point located in the Nam-gu, Nam-gu; (b) while drinking alcohol with the victim D (35 years of age); (c) was out of the part of the victim; (d) kidding the victim’s face by drinking bat; (e) was flading the victim’s bat; (e) was flading the bat; and (e) was flading the victim’s face by drinking bat; (e) led the victim out of the main part; (e) led the victim from the stairs of the second floor to the delivery of the victim’s head; and (e) had the victim walked several times by drinking the head part of the victim’s head; and (e) caused the victim’s injury, such as an open body that requires approximately two weeks medical treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The application of Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has been sentenced to punishment], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

3. The sentence shall be executed on the condition that probation is added only once, taking into account all the circumstances, including the following: (a) details and methods of the crime of sentencing; (b) five times the sentence for violent crimes committed before the instant case; and (c) the fact that the Defendant’s mistake is against the victim; (d) the fact that the Defendant agreed with the victim was smoothly committed; (e) contingent crimes; and (e) the Defendant’s age, career, and family relationship, etc.

arrow