(영문) 광주지방법원 2018.02.21 2017고단4619

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(영문) 광주지방법원 2018.02.21 2017고단4619

상해

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to imprisonment for two years with prison labor for a violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) at the Seoul Central District Court on the grounds of a violation of the Punishment of Violences, etc. Act, and the judgment became final and conclusive on June 23, 2017.

On August 11, 2017, the Defendant: (a) at the Defendant’s house located in Gwangju Mine-gu C, 411 Dong 1304 around 09:30 on August 11, 2017, and (b) at the Defendant’s house located in Gwangju Mine-gu, 411 Dong 1304, and (c) on the ground that the victim D, who was a child, was making a head of the victim who was in his own bank, and caused injury to the victim, such as a two-day open wound, which requires approximately two weeks of treatment

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A diagnosis report made by the police on D;

1. Previous convictions: Inquiry about criminal history and application of the text of the judgment;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The reason for sentencing under Article 334(1) of the Criminal Procedure Act - the fact that a crime was committed during the period of probation, the method of assault is dangerous, and the fact that the above suspended sentence is not agreed upon, shall be determined as ordered in light of the following: (a) the crime of this case committed within a family is somewhat different from the crime of this case; (b) the degree of injury to the victim is not excessive; (c) the defendant and the victim are in a divorce lawsuit; and (d) the crime committed by contingently in a dispute, etc., the sentence of the defendant in this case shall be determined as harsh - The sentence of the defendant shall be determined as ordered by taking into account all the conditions for sentencing as shown in the records, such as the age, sex, environment, and circumstances before and after the crime of this case.

참조조문

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