(영문) 수원지방법원 성남지원 2019.07.09 2019고단627

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(영문) 수원지방법원 성남지원 2019.07.09 2019고단627

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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 3, 2019, at around 01:13, the Defendant: (a) suffered injury, such as frightening the victim D(the age of 52) while under influence of alcohol, and frightening the victim; and (b) when drinking the face of the victim, the Defendant inflicted injury on the victim, such as frightening the bones and heat of the bones, and fright damage.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning D;

1. A written diagnosis of injury;

1. A photograph of damage;

1. One CD;

1. Application of the Act and subordinate statutes to investigation reports (CCTV analysis-shot attachment);

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;

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

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (specially increased person], mitigated factors: The amount of punishment, severe injury [in the area of recommendation and recommendation range], and April to June of each year and six months.

3. The crime of this case was committed despite the fact that the defendant who was sentenced to a sentence had committed a serious injury to the victim, and that the defendant committed the crime of this case even though he had the record of being sentenced twice as a violent crime. However, the punishment of this case shall be determined as ordered by taking into account the various sentencing conditions of the defendant, including the fact that the defendant does not want the punishment of the defendant, confession and reflects the crime, and there is no criminal record exceeding the fine, and there is no criminal record after 2004, and there is no criminal record, including

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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