logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.01.08 2018고단1624
상해등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. The injured Defendant got south of the Victim B (n, 45 years of age), and was injured by the Defendant’s house located in Ansan-si C building in Ansan-si, the Defendant’s house located in Ansan-si, and the Defendant’s home located in D, resulting in an injury, such as free blood transfusion, which requires approximately four weeks of medical treatment, when the head of the victim was taken out due to drinking while disputing the property problem of the victim and his parents.

2. The Defendant, at the above date and at the above place, threatened the victim with a knife (30 cm in total length, 18.5 cm in length) which is a dangerous thing that the victim was in the main room on the ground that the victim continued to stand in the main room even after several times of the victim B’s head, and threatened the victim with a knife as if the victim and the victim were brue, and then the victim’s hacks.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. A report on investigation (additional receipt of a medical certificate);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense, Articles 284 and 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommendations based on the sentencing criteria: Imprisonment with labor for up to four months from February;

(a) Type 1 (General Bodily Injury) and the basic area ( April-1 and 6) of the first crime (a person who has been specially punished);

(b) The scope of the final sentence due to the aggravation of multiple crimes that have no basic area (4 to 1.6 months) (4 to 1.6 months) for the crimes of intimidation 2 (Scope of Recommendation).

2. The fact that there is no agreement with the victim on the sentence of punishment, the fact that the nature of the crime is inferior, such as intimidation by carrying dangerous articles, the fact that there is no criminal record or any criminal record of suspended execution or same as a fine due to the crime of bodily injury, and the age, character and conduct, environment, the circumstances of the crime; and

arrow