(영문) 부산지방법원 2014.06.25 2014고단3069

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자간(%)

(영문) 부산지방법원 2014.06.25 2014고단3069

상해

Text

A defendant shall be punished by imprisonment for four months.

except that 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 March 13, 2014, at around 11:05, the Defendant met with the victim E (at least 50 years of age) in the front of the D cafeteria located in Busan Seo-gu, Busan, on the ground that the Defendant had a dispute with the victim E (at least 50 years of age), and the victim was first at first at the time, and the victim was taken three times on the face of the victim, and the Defendant was taken several times on the back of the victim's body.

As a result, the defendant was unable to know the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes, such as taking photographs to injure victims;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In cases where the victim has considerable responsibility for the occurrence of a crime or the expansion of damage even though he/she has been subject to special mitigation (a person subject to special mitigation) of types 1 of general bodily injury (a range of recommending punishment) (a person subject to special mitigation) (a person subject to special mitigation) and penalty not (including serious efforts to recover damage);

2. The grounds for sentencing unfavorable to the Defendant, including one-time imprisonment with prison labor and two-time suspension of the execution of imprisonment with prison labor, and the circumstances leading up to the Defendant’s commencement of the crime of this case by assaulting the Defendant of each item of the horse fighting in advance. The grounds for sentencing favorable to the Defendant, such as the victim’s motive, means and consequence of the crime of this case, the Defendant’s age, character and behavior, environment, criminal record, and circumstances after the crime, etc., are considered as having been committed. The punishment of this case is determined as ordered by taking full account of all the circumstances, including the motive, means and consequence of the crime of this case, the Defendant’s age, character

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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