(영문) 대구지방법원 경주지원 2017.05.10 2017고단68

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2017.05.10 2017고단68

상해

Text

A defendant shall be punished by imprisonment for six 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 November 28, 2016, the Defendant: (a) left the taxi bed from the head of the taxi bed, 00:20 on the top of the taxi bed; and (b) when the Defendant demanded the payment of the taxi charges, the victim C (62) who is a taxi engineer, “Once you get off, 19,000 won without paying all 19,000 won; and (c) when the victim demands the full payment of the taxi charges, “I am and D, according to spune son,” the victim was able to take the victim’s front of the victim’s residence, B 3 studle, the Defendant’s residence, and “I am the victim’s face,” “I am the victim’s desire to take the treatment of the victim, such as the victim’s 2nd spice,” and “I am the victim’s front of the victim’s body,” and the victim’s qui.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on internal investigation (Attachment, etc. of photographs on the part of the body of the victim), the application of Acts and subordinate statutes of the written diagnosis of injury;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [the scope of the recommended sentence] General injury (the scope of general injury) in the area of mitigation (two months to one year) (the person subject to special mitigation) shall not be punished;

2. The defendant has the same kind of force as he has sentenced to punishment; and

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is led to confession and reflect, the fact that the defendant agreed smoothly with the victim, and all the sentencing factors shown in the trial of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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