(영문) 인천지방법원 부천지원 2015.01.22 2014고단3118

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2015.01.22 2014고단3118

상해

Text

A defendant shall be punished by imprisonment for six 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

On August 14, 2014, the Defendant: (a) around 21:20, when the victim C (year 37) was unable to deliver the main food in the D cafeteria operated by the victim C (year 37) located in Yancheon-si B, the Defendant spit the victim’s face, spits the victim’s face, and spits the victim’s face on a hand, and spits the victim’s face with the hand, and spits the brea, spits the brea, and spits the victim’s breath with the victim’s breath with the victim’s breath and hand, led the victim to approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the damaged parts of the suspect and the written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendation [decision of types] Sentencing criteria for violent crimes, general bodily injury (type 1) and general injury (type 1): Reduction factors: Imprisonment with prison labor for not more than 2 months to 1 year (limited to recommendation range]; and

2. Determination of sentence: Six months of imprisonment, and one year of suspended sentence, the accused has committed the instant crime without being aware of the existence of his previous convictions related to violence, and it is inevitable to sentence the accused imprisonment with prison labor.

However, the defendant's age, character and conduct, environment, motive, means and result of the crime, various sentencing conditions, including circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee shall be determined as the same as the order, after considering the fact that the victim does not want the punishment against the defendant.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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