(영문) 서울동부지방법원 2016.03.03 2015고단1421

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.03.03 2015고단1421

상해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 04:00 on January 20, 2015, was in Songpa-gu Seoul, No. 2 room of D main points, and while drinking the Victim E (30 ) and alcohol, the Victim considered suicide.

In this sense, "the victim has died" as a result of a defect.

It is more difficult to see the inside of the victim's head and snow part once in the right drinking, the victim's head and snow part are click, the victim's knee in the right hand floor, the left knee in the direction of the victim, and the victim's face and head are knee in both hand.

As a result, the Defendant put up the victim on the left side of the eight weeks of medical treatment and the structural frame of the wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to E of the police statement protocol (including a supplementary written diagnosis);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from April to one year and six months) (special mitigation (special mitigation)) of the sentencing criteria [the scope of recommended punishment] General Injury: the injury (one and four types) of the basic area;

2. Circumstances disadvantageous to the determination of sentence: The punishment shall be determined in consideration of all factors factors of sentencing that are shown in the records, such as the fact that the victim has agreed with the victim, that the defendant has no previous conviction for the same kind of crime, that there are extenuating circumstances in consideration of the motive, and that there are other factors of sentencing that are shown in the records, such as the age, occupation, sex, family relationship

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

유사 판례

-춘천지방법원 강릉지원 2016.07.19 2016고단748

-서울동부지방법원 2016.07.07 2016고단1358

-춘천지방법원 2017.10.17 2017고단942

-춘천지방법원 강릉지원 2016.10.20 2016고단1141

-대구지방법원 2016.08.11 2015고단5526