(영문) 대전지방법원 2018.01.18 2017고단4061

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(영문) 대전지방법원 2018.01.18 2017고단4061

상해

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A defendant shall be punished by imprisonment for not less than eight 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

Around 03:00 on October 8, 2017, the Defendant assaulted the victims on the side surface of the victim D (the age of 26) without permission, to sit the horses on the side of the victim D (the age of 26) and to get out of the above restaurant. On the one hand, the victim E (the age of 28) went out of the restaurant. On the other hand, the Defendant was fright up more than once when the victim E (the age of 28)’s entrance into the restaurant. On the other hand, the Defendant continued to do so more than once when the victim E (the age of 27)’s chrokes of the victim F (the age of 27), and continued to do so more than twice, and assaulted the victim D to the right-hand side part of the victim F (the age of 20 days, such as braking, tye, tye, tye, eroke, eroke and eroke, etc., the left side part of the victim’s.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, and G;

1. Reporting on the arrest of the case;

1. A report on internal investigation (as to the details of mobilization);

1. An injury diagnosis certificate (D), injury diagnosis certificate (E), injury diagnosis certificate (F);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Criminal Act include: (a) the defendant was committed at the time of and against the instant crime; (b) the defendant was not identical to and has been punished by a fine for the same type of crime; (c) the defendant appears to have committed the instant crime in the state of detention; (d) the victim did not want to be punished by the defendant upon agreement with the victims.

참조조문

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