2013 Highest 2927 Injury

A person shall be appointed.

Pursuant to the reasoning of the judgment below, the court below erred by misapprehending the legal principles of free evaluation of evidence, as otherwise alleged in the ground of appeal

December 13, 2013

A defendant shall be punished by imprisonment for not less than six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 40 hours.

Criminal facts

On July 27, 2013: at around 55, the Defendant tried to get the head of the victim into a nearby underground parking lot by getting the victim's head and moving the victim's head to a nearby underground parking lot by getting the victim's head, getting off the victim's head and getting the victim's face by taking the victim's head into consideration the victim's head and making it clear that the victim's head would face the victim's face.

찼다 .

In addition, the Defendant assaulted the victim as above, but kneeel knee is kneeel is knee on the road side, and again, knee is kneed by the victim with the hand floor.

Accordingly, the Defendant, as seen above, conducted a variety of flocks for the victim to receive four weeks' treatment (a part of the inside, a flive part, a flive part, a flive part), and a flocks for the victim.

Summary of Evidence

1. The defendant's partial statement in court;

1. A protocol concerning the police interrogation of the accused;

1. B and D Statement of Police Statements

1. A victim's upper part and a photograph of the damaged flag;

1. Investigation report (Attachment of the death diagnosis report, Attachment of the victim's standing photograph, attachment of a black stuff photograph, and attachment of a photo;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 257 (1) of the Criminal Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of Reasons for Sentencing below)

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. Scope of the recommended sentence according to the sentencing criteria;

Type of general injury inflicted on violent crime groups: Imprisonment with prison labor for up to one year and six months;

2. Determination of sentence;

The fact that the degree of assault and recovery against the victim and the degree of injury are not less than that of the defendant is disadvantageous to the defendant.

The defendant is the first offender who has rendered distinguished services to the State, and the fact that the defendant deposited 3 million won for the victim is an element of sentencing favorable to the accused.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the age, character and conduct, environment, and circumstances after the crime.

Judges Jeong Sung-ho