(영문) 서울북부지방법원 2016.05.25 2015고단3186

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굵기

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자간(%)

(영문) 서울북부지방법원 2016.05.25 2015고단3186

상해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2015, at around 00:50, the Defendant suffered injury, such as inside the left side of the five-day medical treatment, the lower court’s lower wall, and the stude of the inner wall so that the Defendant was unable to make an appraisal of the victim C (22 taxes) due to the lack of appraisal of the victim C (22 taxes) and caused injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of a medical certificate of injury, statement of medical expenses for hospitalization, and Acts and subordinate statutes governing bodily injury of a victim;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury (the scope of general injury) in the basic area (the period from April to June) (the person subject to special sentencing] - the mitigated person: Where the mitigated person is punished (including efforts taken to recover damage) or any considerable damage has been recovered from his/her basic area: the serious injury (the type of 1 and 4).

3. In that a part of the person who has been sentenced to a sentence of punishment was committed with the intent of assaulting the victim, thereby causing an injury to the victim, the attitude of the crime is very bad, the degree of the victim's injury is considerably significant, and the defendant's past records of juvenile protective disposition are several times due to the same crime, and the defendant's past records of being sentenced to a fine for assault in 2014 are disadvantageous.

On the other hand, the fact that the injured party does not want the punishment of the defendant by agreement with the injured party is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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