(영문) 청주지방법원 제천지원 2015.05.28 2015고단61

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(영문) 청주지방법원 제천지원 2015.05.28 2015고단61

폭력행위등처벌에관한법률위반(상습상해)

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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

On January 15, 2015, the Defendant: (a) around 13:30 on the street around 15, 2015, on the ground that the victim D (the age of 44) was not a vehicle of the Defendant in the company parking lot; (b) the Defendant: (c) the victim was flicked with the wall of the building; and (d) the victim’s head was flicked with the wall of the building.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of the head part of an unidentified head that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant committed the instant crime even though he/she had been punished several times due to violent crimes, the defendant is disadvantageous to the defendant. The defendant confessions the instant crime and reflects it, and the fact that the defendant has no criminal record of suspended execution or more within the last ten years is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

The acquittal portion

1. The defendant in this part of the facts charged is as follows: ① one year and six months of suspension of execution for a violation of the Punishment of Violences, etc. Act in the Cheongju District Court Branch of Apr. 14, 198; ② one million won of a fine for the same crime from the same assistance on Jan. 11, 1990; ③ one million won of a fine for the same crime from the same assistance on Jan. 11, 1990; ④ two years of suspension of execution for ten months of imprisonment for the same crime from the same assistance on Feb. 7, 1991; ⑤ two years of a suspension of execution for one year and six months of imprisonment with prison labor for robbery at the Daejeon District Court of Daejeon on Nov. 1, 202; and ② from the Cheongju District Court of September 18, 2008, the Cheongju District Court of Daejeon Branch of Sep. 18, 2008.

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