(영문) 대구지방법원 영덕지원 2014.02.12 2013고단262

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 영덕지원 2014.02.12 2013고단262

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 14, 2013, around 23:20 on October 14, 2013, the Defendant requested the victim D (55 years of age) who was under the influence of alcohol to use a large sound and the disturbance in a lodging room located in Yeongdeungpo-gun, Chungcheongnam-gun, Seoul, the Defendant placed the victim’s face in drinking by putting the victim’s body on the floor and putting the victim into the floor for about 29 days.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant or D;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes entered in the injury diagnosis statement (No. 7 No. 5 of the evidence list);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Reasons for sentencing [the scope of sentence that is advantageous to the reasons for the suspended sentence] under Article 62(1) of the Criminal Act (the conditions for sentencing that are advantageous to the reasons for the suspended sentence] [the scope of sentence under law] 1 to 7 years of imprisonment [the determination of a sentence] 1 to 7 years of general injury among the violent crime groups : The mitigated element that does not have: The mitigated element: [the scope of sentence] 1 area of general injury among the violent crime groups - there is no mitigated element of punishment [the scope of sentence and decision of the recommended area] 2 months of imprisonment or 1 years of imprisonment [the general injury] - there is no aggravated element of mitigation [the main reason for the suspended sentence] : there is no negative factor of the suspended sentence of sentence: there is no positive element of crime: [the reason for the suspended sentence of sentence] / there is no adverse element of a contingent crime / [the decision of sentence] / The defendant needs to sentence a sentence heavier to the defendant in light of the result of the occurrence thereof.

However, the crime of this case is first committed by the victim, and the victim spathizes the defendant and spathize it.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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