(영문) 인천지방법원 2017.10.12 2017고단4420

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자간(%)

(영문) 인천지방법원 2017.10.12 2017고단4420

상해

Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2017, at around 08:20, the Defendant: (a) taken a D taxi operated by the victim C in the vicinity of the Nam-gu Incheon Metropolitan City State Port; and (b) taken a 56-ro from the south-gu Incheon Metropolitan City Port, the destination of which was located, south-gu, Incheon; and (c) took a bath to the victim under the influence of alcohol; (d) took a walk, without any justifiable reason, she took a walk; (e) taken the victim’s face that she was seated in the driver’s seat; (e) took one time as a drinking; (e) the victim she was fluened with the victim’s chest from the taxi to the driver’s seat; and (e) continued taking the victim’s face by drinking her hand; and (e) took the victim’s face by drinking her hand, and (e) taken the victim’s face, the Defendant she sustained the victim’s seat by drinking her seat.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. 【The grounds for sentencing of Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act 【The scope of the recommended punishment】 General mitigated area (one month - one year): The special mitigated area: dolusence or minor bodily injury / When the victim is fully responsible for the occurrence of the crime or the expansion of damage, the 【The Pronouncement Decision”) has multiple favorable circumstances for the defendant.

The treatment in prudent society is appropriate.

The punishment of imprisonment for three months within the scope of the recommended punishment shall be determined and the execution thereof shall be suspended for a period of one year.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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