(영문) 대구지방법원 안동지원 2017.08.29 2017고단78

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크기(pt)

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자간(%)

(영문) 대구지방법원 안동지원 2017.08.29 2017고단78

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On February 8, 2017, at the C cafeteria located in Ansan-si B around 23:40, on the ground that the Defendant did not listen well to the horses of the victim D (51). On the ground that he did not listen well, the Defendant was able to take part in the victim’s inside, and was able to take part in the part of the victim’s sofbbbbbbbbbbbbbbs, after putting the clothes up on the floor, and then, the Defendant was able to take part in the victim’s fuck in the manner where the police officer called up upon receiving the report of the instant case took part in the part of the victim’s fuckbs where the police officer took part in the manner of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense and Article 257 (1) of the Selection of Punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general injury (the scope of the recommended punishment] shall be the area of special mitigation (one month to one year) [the person subject to special mitigation], the minor injury (including the person subject to special mitigation) and the sources of punishment not (including the advanced effort to recover damage);

2. Circumstances favorable to the determination of sentence: The Defendant acknowledges and reflects his mistake.

In agreement with the victim, the injured party does not want the punishment of the defendant.

Unfavorable circumstances: The type of crime of violence has been punished several times due to the same type of crime, but the crime of this case has been committed again.

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, sex and environment, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

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