(영문) 의정부지방법원 2016.11.09 2016고단3510

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.11.09 2016고단3510

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 16:00 on July 21, 2016, the Defendant, at his own house located in Speaker-si C on the 16:00 on July 21, 2016, she drinked the victim Do(53 years of age) and drinking, and she took the victim's face and dumped the victim's hand, thereby shouldering the victim's hand over part of saws in the days of treatment, and exposing the victim's hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Written statements of D;

1. An investigation report (the degree of injury);

1. On-site photographs and a statement of 112 Report (the defendant alleged that he had no intention to inflict injury on the victim, but considering the following: (a) the circumstance of the occurrence of the instant case recognized by the evidence; (b) the victim's hacks and tear tears, and the fact that the victim's hacks and fingers are recognized, it is sufficiently recognized that there was an intentional injury on the part of the victim at the time).

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts of crime;

1. The reason for sentencing [the range of recommending punishment] under Article 62(1)(hereinafter referred to as the following favorable circumstances] of the suspended sentence under Article 62(1) of the Criminal Act where the victim is fully responsible for the occurrence of a crime even for the victim (special mitigation) under Category 1 (General Injury) (Article 1-1) (Article 62(1) (Article 62(1) (Article 62(1)) (Article 62

The victim is highly responsible for providing the cause of the occurrence of the instant case.

The victim does not want to be punished against the defendant.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, environment, health status, motive, means and result of the crime, and the circumstances after the crime.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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