(영문) 의정부지방법원 고양지원 2015.02.10 2014고단1847

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.02.10 2014고단1847

상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

The defendant is a person who operates a "D" restaurant on the first floor of the building in Yongsan-gu, Busan Metropolitan City C, and the victim E (ma, 19 years of age) is a person who works as an employee of the restaurant.

On May 24, 2014, at around 18:30, the Defendant: (a) stated that the victim was unable to work at the food materials warehouse of the second floor 206 of the building on the ground that the body of the victim was cut, and that the victim did not work at the bar, and (b) stated that the victim’s her body appears to be a head of the house ; (b) the victim’s her body appears to be a head of the house ; and (c) the victim’s her ear in hand once at one time; (d) the victim’s ear in one time; and (e) the victim’s head, shoulder, side gate, and bridge part of the victim’s side gate by drinking; and (e) assaulted the victim, such as the victim’s head, shoulder, side gate, and bridge part of the 93-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

2. The police statement of E;

3. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Relevant legal provisions concerning facts constituting an offense, and Article 257 (1) of the Criminal Act selecting a penalty;

2. Article 62 (1) of the Criminal Act;

3. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant, who committed violence to the victim and sustained serious bodily or mental harm; and (b) the victim is deemed to have suffered considerable physical or mental pain; and (c) the sentencing elements disadvantageous to the Defendant

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes the facts charged in the instant case as a substitute, the fact that the victim deposited a total of KRW 10 million over two times to restore damage, and that there is no record of crime that can be noted in relation to the instant case.

Furthermore, the sentencing guidelines established by the Sentencing Committee include the Defendant’s age, character and conduct, environment, and criminal records. Also, the sentencing guidelines established by the Sentencing Committee were also considered.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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