logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.10.10 2019고단1423
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a Chinese nationality, a re-diplomatic that is scheduled to naturalization in the Republic of Korea, and the victim B (37 years of age, female) is a relation between the defendant and the person who naturalization in the Republic of Korea for about three months.

On May 25, 2019, at around 23:30 on May 25, 2019, the Defendant: (a) requested the victim to be hedging in front of the Diplomatic Association in king-si C; (b) sold the victim’s dunes as an infinite product; and (c) inflicted injury upon the victim’s head at hand and at least seven-eight (7-8) out of the floor in need of treatment for about five (5) weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (to telephone conversations of witnesses), investigation report (to attach photographs A of a suspect), investigation report (to attach photographs B of a victim);

1. Application of the Act and subordinate statutes to a criminal investigation report (the attachment of a medical certificate of injury) [the defendant stated that the situation of the crime was not memory under the influence of alcohol at the time, but according to each of the above evidence, the defendant does not seem to have lost the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime,

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (including a special person who has been sentenced] and mitigation factors: Reduction factors of punishment (including a serious effort to recover damage): Reduction area and recommendation range], reduction area of punishment (including the recommendation area and recommendation range), and February through October;

2. Circumstances unfavorable to the determination of sentence: The Defendant was injured to the extent that the head of the victim was teared, and the head was cut on the floor of the victim, on the ground that the victim was the head of the victim who was in a relationship with him/her.

The defendant's motive for committing the crime is bad and the victim's injury is injured.

arrow