(영문) 광주지방법원 순천지원 2015.03.20 2014고단2304

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 순천지원 2015.03.20 2014고단2304

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 27, 2014, the Defendant: (a) while drinking alcohol together with D, etc. at C’s main points located in Mayang-si B, the Defendant: (b) went to the victim E, and (c) went to the said D while turning to half the horses, and (d) turned to the seat of the victim, and (d) turned to the seat of the victim’s head knife with both hands, and (e) went to the right side of the victim.

As a result, the defendant suffered from the victim about four weeks of treatment, such as internal surgery, scambling, damage to the scambling of oral surgery, and scambling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Photographs of damaged parts;

1. A written diagnosis of injury;

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

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Probation, community service order, and the reason for the sentencing of Article 62-2 of the Criminal Act [the range of recommending sentence] general injury (the scope of recommending sentence] is mitigated (two to one year) (the person subject to special mitigation). [Pronouncement of sentence] imprisonment, three months of suspended sentence, three years of probation, 80 hours of probation, 40 hours of community service, and 40 hours of alcohol treatment, as well as several criminal records of the same kind of violence, and the degree of injury to the victim is not easy.

However, the execution of imprisonment is suspended in consideration of the fact that the defendant reflects the crime of this case and that the victim agreed smoothly, but the probation and alcohol treatment lectures are ordered to prevent such violence crimes in the future.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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