(영문) 수원지방법원 안산지원 2020.05.07 2020고단310

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2020.05.07 2020고단310

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:00 on November 25, 2019, the Defendant suffered injury to the victim C(the age of 32) on the rooftop of Ansan-si, Masan-si, 2019, when making a dispute with the victim C(the age of 32) on the face of the victim one time due to the drinking of the victim, and caused injury to the victim, such as the cutting off of the fluoral fright, which requires medical treatment for 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a photograph of damage and a written diagnosis of injury;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of recommendations on the sentencing criteria: serious injury in the area of aggravation (six months to two years and six months) in general (the scope of recommendations) of category 1 (General Injury) from six months to two years (the scope of recommendations) of imprisonment;

2. In light of the fact that the Defendant was punished twice in 2012 and 2017 for a crime related to assault, and that there was a history of having been sentenced to two times of suspension of indictment in 2016 and 2019, two of the four of the front and the two of the two of the two of the two of the two, and the remaining two of the two of the two of the two of the two of the two, was seriously shakingd, the Defendant did not compensate for damage even if not agreed with the victim, and according to the results of the sentencing investigation, it is reasonable for the Defendant to assume responsibility corresponding to its power, act and result.

When determining punishment, it takes into account the circumstances favorable to the defendant that the defendant recognized his mistake and reflects his mistake, and take into account various circumstances shown in the arguments of this case, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

참조조문

-형법 제257조 제1항

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