(영문) 서울서부지방법원 2013.09.03 2013고단1857

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2013.09.03 2013고단1857

상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 29, 2007, the defendant has been sentenced to a suspended sentence of four years for imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Crimes and a crime of bodily injury at the Daejeon High Court.

On June 23, 2013, at around 00:25, the Defendant assaulted the victim’s face on one occasion in the front side of Mapo-gu Seoul Mapo-gu Seoul Metropolitan City, on the ground that the victim D (the age of 58) was boarding a taxi and was going to go to the south of Gyeonggi-do, but the victim was not able to go to Gyeonggi-do, and the victim was said to go from the taxi.

Accordingly, the victim suffered injury, such as dynasium and fy fage cage cages, which require approximately 6 weeks of medical treatment, and around 4 weeks of medical treatment, such as inside and outside and fynasium.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs and written diagnosis of injury;

1. Judgment: Application of Acts and subordinate statutes to criminal records investigation;

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

1. Suspension of execution: The reason for sentencing of Article 62(1) of the Criminal Act (the reason for sentencing following the sentencing) is that the victim suffered an injury, such as the blood salute, from the injury of the victim due to the crime of this case.

However, there is a motive to take into account the Defendant’s crime, taking into account the following circumstances: (a) the Defendant is against the Defendant; (b) the Defendant is compensating for a considerable amount of damage and agreed upon with the victim; (c) the victim is able to commit a serious and uncomfortable offense; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime; and (e) the sentence shall be determined as per Disposition

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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