logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.01.25 2017고단1141
상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 5, 2017, the Defendant, at around 03:30 on May 5, 2017, went against the victim’s head head part by cutting down the victim’s neck who was sitting on the floor with the victim C(23 tax) on the ground that the victim does not have a right to answer his/her horse at the public river, which was located in the area of the Suwon-gu, Busan, Suwon-gu, Busan, and 361, and met with the victim’s face by drinking on the part of the victim.

계속하여 피고인은 주변에 있는 친구들이 몸싸움을 저지하였음에도 바닥에 누워 있는 피해자에게 침을 뱉고 오른 발로 피해자의 얼굴 부위를 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as blood transfusion, etc. in need of approximately five weeks of medical treatment and approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation (attaching photographs showing the upper part of the body of a victim C);

1. Application of Acts and subordinate statutes to investigation reports (investigation into attachment, such as a copy of medical records submitted to the victim C) and certificates;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] General Injury Area of Type 1 (In general) (6 months to two years) [the person subject to special aggravated punishment] [the decision of sentence] Defendant used violence against the victim without any particular reason, and the degree of injury suffered by the victim seems to be considerably significant, and the fact that it is not agreed with the victim is unfavorable to the defendant.

However, the fact that the defendant is led to confession and reflect, that the defendant has no record of other crime except for the previous convictions of a single-time fine, and that he has made efforts to reach an agreement with the victim (in this regard, it is concerned).

arrow