(영문) 대구지방법원 김천지원 2019.10.23 2019고단728

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2019.10.23 2019고단728

상해

Text

A defendant shall be punished by imprisonment for four 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

The defendant and the victim B (the 37 years of age) are married couple.

At around 23:40 on April 14, 2019, the Defendant: (a) placed the victim’s face and head on the drinking and hand floor of the victim; (b) taken the body part of the victim coming from the drinking and hand-on; (c) taken the victim’s body; (d) taken the victim’s body on the part of the victim; (d) taken the part of the victim; (e) taken the part of the victim; (e) taken the part of the victim’s body; (e) taken the part of the victim; (e) kid the victim’s head to open the door and take the head of the victim’s hair against the victim’s head on the floor.

As a result, the Defendant inflicted injury on the victim such as salt, tensions, and tensions of the shouldered unit where the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

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

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general injury [Type 1] general injury [special person] - mitigated element: Where the victim is fully responsible for the occurrence of a crime (in this case, disputes arising from the external stay, etc. of the victim), the victim is not subject to punishment [the scope of recommendations and recommendations] special mitigation area, the period of one month to ten months [the general person subject to mitigation] - There is no record of criminal punishment [the grounds for suspension of execution] - There is no record of criminal punishment, there is no record of criminal punishment, and no record of criminal punishment where the victim is fully responsible for the occurrence of a crime. The grounds for general pride are clear social relation, and serious reflects.

3. Determination of sentence: 4 months of imprisonment with prison labor, one year of suspended sentence, as well as the above sentencing factors, violence used by the defendant when examining damaged photographs.

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제257조 제1항

유사 판례

-대구지방법원 2020.04.22 2020고단780

-창원지방법원 거창지원 2013.01.23 2012고단516

-대구지방법원 2019.10.02 2019고단3969

-의정부지방법원 2013.02.06 2012고단3225

-서울중앙지방법원 2013.10.24 2013고단5065