(영문) 인천지방법원 2018.05.10 2018고단2036

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.05.10 2018고단2036

상해

Text

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

Reasons

Punishment of the crime

On January 23, 2018, the Defendant: (a) around 19:45 on January 23, 2018, the Victim AA (28 tax) in the Incheon Nam-dong, Nam-gu, Incheon. (b) whether or not the Victim A(28 tax is changed.)

“Along with a defect,” the victim’s breath was frightened, and the victim’s face was frighted once on the part of the victim’s face, and suffered injury to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to A or AB;

1. A written statement;

1. A working report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 257(1) of the relevant Act as to the crime, Article 257(1) of the Criminal Act as to the selection of punishment, the reason [the scope of recommendation] for sentencing of punishment of imprisonment [the general scope of recommendation] shall not be subject to a strict punishment corresponding to the crime of this case in light of the following: (a) minor injury (1) in the mitigated area (2 months to 1 year) [the person subject to special mitigation] [the decision of sentence] that the defendant had been subject to punishment by violence, etc. before several times; (b) the defendant committed the crime of this case during the suspended period due to fraud, etc.; (c) the crime of this case was detained due to the crime of injury, etc., which led to the crime of this case; and (d) there was no agreement with the victim.

However, the degree of damage is relatively minor, and contingent crimes were committed in the course of the horse fighting with the victim, and the defendant committed the crime in this case, and his mistake while committing the crime in this case, etc. shall be considered as favorable circumstances to the defendant. In addition, the defendant's age, sex, environment, motive and means of the crime, results, etc. shall be considered, and all sentencing factors specified in the arguments in this case, such as the circumstances after the crime, shall be considered as ordered.

참조조문

-형법 제257조 제1항

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