(영문) 수원지방법원 2016.05.25 2015고단3295 (1)

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(영문) 수원지방법원 2016.05.25 2015고단3295 (1)

상해

Text

A defendant shall be punished by imprisonment 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

Victim C and the defendant were living in each of 205 and 305 of the building D in Suwon-si, Suwon-si, and suffered from a noise problem between ordinary stories.

On February 9, 2015, at around 03:00, the Defendant: (a) expressed the victim C(38 years of age) in the front corridor No. 205 of the D2nd floor; (b) expressed that the victim C(the victim’s 38 years of age) would die and throw away his face; and (c) assessed the face of the Defendant’s head, the Defendant’s head was shocked with the face of the victim.

As a result, the defendant puts down a closed aggregate of the victim, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to each medical certificate and medical opinion;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the order to observe the protection [the scope of recommendation] general injury (the scope of general injury) / [no person subject to special sentencing] / [decision of sentence] 6 months of imprisonment / 6 months of suspension of execution / even though the defendant was sentenced to a fine twice due to violent crime, / 1 year of suspension of execution / was committed in the instant injury crime in addition, even though / 1 year of suspension of execution / the defendant was sentenced to a fine twice due to violent crime, and no damage has been recovered until now even though the other party's damage was out of the other party's damage. However, it is decided as per the disposition in consideration of all the reasons for sentencing, including the fact that C knifes while threatening a knife while committing a crime and there are circumstances to take into account

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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