(영문) 대구지방법원 포항지원 2014.03.13 2013고단1249

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(영문) 대구지방법원 포항지원 2014.03.13 2013고단1249

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in labor, who is between the victim C (V, 39) and the married couple.

At around 18:40 on October 31, 2013, the Defendant: (a) took part in a dispute with the victim who is suspected of the Defendant’s influence at the place of residence of the Defendant (107), and (b) took part in the part of the victim’s neck with his/her hand, and (c) took part in the part of the victim’s shoulder, and (d) took part in the part of the victim’s shoulder, thereby cutting down the part of the victim’s shoulder, which requires approximately six weeks of medical treatment to the victim; and (b) took part in the part of the victim’s shoulder.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes (Evidence No. 18 pages);

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. The range of recommendations on the sentencing criteria shall be [decision of types] the range of recommendations (decision of types), the group of violent crimes, the general bodily injury, the first category (general person under special mitigation): Where victims are fully responsible for the occurrence of crimes or the expansion of damage therefrom (the area of recommendations and recommendations), the area of mitigation (the area of recommendations and recommendations), and two months to one year;

3. Sentence: The defendant, who was sentenced to a suspended sentence of imprisonment on April 6, 201, committed again the crime of this case even though he had been sentenced to imprisonment on April 6, 201, due to the fact that he had inflicted bodily injury upon the victim's head at the price of the victim's main due to his major illness; the defendant did not agree with the victim or make any effort to recover damage after the crime; the victim demanded a severe punishment against the defendant; the victim's circumstances of the crime of this case, degree of injury, criminal record relation, and other various sentencing conditions such as the defendant's criminal records, etc.

참조조문

-형법 제257조 제1항

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