logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2019.10.04 2019고단827
상해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 26) are friendly from high school to school.

On May 10, 2019, at around 23:58, the Defendant: (a) under the influence of alcohol and had the face of the victim under the influence of alcohol in front of “D” located in Gunsan City C, and (b) sustained injury, such as the mouth of the inside and floor in need of approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A report on internal investigation (to be accompanied by photographs of video data recorded in CCTV, such as a site);

1. Application of Acts and subordinate statutes to investigation reports (Attachment B of Suspect B diagnosis reports);

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

1. Grounds for sentencing under Article 62 (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 factors: In cases of a failure to punish (including a serious effort to recover damage) or a considerable partial damage, the aggravated factors: There is no serious injury (type 1 and 4) [the scope of recommending area and recommending punishment] basic area, April to 16 [the general person] [the grounds for suspension of execution] - There is no history of criminal punishment, failure to punish (including a serious effort to recover damage) - If the result of serious injury or death or serious injury occurs, the general pride grounds: social relation is clear, contingent crimes, serious reflective crimes.

3. Determination of sentence: Imprisonment with prison labor for six months, the stay of execution for two years, the fact that the defendant reflects the crime, the first offender, the fact that the victim does not want the punishment by mutual consent with the victim is an advantageous sentencing factor, the fact that the degree of the victim's injury is serious is an unfavorable sentencing factor, the age, character and conduct of the defendant and the circumstances of the crime, etc. shall be considered;

arrow