logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.09.08 2016고단2382
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

On July 2, 2016, at around 19:00, the Defendant removed a part of her face by asking the victim's face to the right side as soon as possible after having been taken the victim's face from drinking in case of a horse dispute with D (45 years of age) who was a commercial commercial in Songpa-gu Seoul Metropolitan City, and having the victim removed a part of her face.

As a result, the Defendant inflicted injury on the victim, such as the cutting of the body of the inside and the floor in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for not less than four months to not more than one year and June, and the basic area (not less than four months to one year and six months): Basic areas (not more than four months to one year) - Special mitigations: In severe injury (type 1 and four); and

2. That the Defendant, who was sentenced to sentence, committed a serious injury in need of medical treatment for about 12 weeks, was asked by the victim’s return, thereby opening the sentence and causing an injury in which the truth remains, is disadvantageous to the Defendant.

However, the crime of this case does not have any circumstances to consider the circumstance that the victim first exercised violence against the defendant, and the defendant used it in response thereto, and the victim does not want the punishment by compensating the victim for damages immediately after the crime of this case and making the victim want to do so. Since the crime of this case was first committed without any criminal records prior to the crime of this case, it shall be considered as favorable to the defendant. Considering the circumstances favorable to the defendant, and taking into account other conditions of sentencing as shown in the trial process of this case, such as the age, character and behavior of the defendant, and

arrow