(영문) 인천지방법원 2016.01.13 2015고단7379

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(영문) 인천지방법원 2016.01.13 2015고단7379

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 24, 2015, the Defendant was sentenced to a suspended sentence of three years on July 1, 2015 by imprisonment with prison labor and six months by the Incheon District Court, and the said judgment became final and conclusive on August 1, 2015.

On July 25, 2015, the Defendant: (a) opened a container office in Seo-gu Incheon, Seo-gu, Incheon on July 25, 2015; (b) opened a container office for himself under the influence of alcohol and opened a container office for himself; and (c) closed this office lickly.

It is necessary to take care of the victim's face and head from the floor of drinking and hand of the liminator, and to cut the floor of the prone of the left side of the 5 week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An injury diagnosis certificate (D);

1. Previous convictions: Application of inquiry requests, such as criminal history, and investigation reports (verification that they are not crimes during the period of probation)-related Acts and subordinate statutes;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognizes the crime of this case and reflects the fact that the defendant recognized the crime of this case, the agreement is reached with the victim, and the fact that the crime of this case and the concurrent crimes as prescribed by the latter part of Article 37 of the Criminal Act are committed under favorable circumstances. The fact that the defendant committed the crime of this case despite the fact that he had been punished for the same kind of crime is committed under unfavorable circumstances, shall be taken into account, and the punishment of this case shall be determined as ordered by taking into account the defendant's age, sexual behavior, environment, motive and circumstances leading to the crime of this case,

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