logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2016.05.20 2015고단479
상해
Text

A defendant shall be punished by imprisonment for six 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

On October 31, 2015, the Defendant 04:45 around 04:45, while drinking alcohol in the “D cafeteria” in the official city of official city, was drinking to the victim E (n, 35 years of age) who was inside the city, but the victim was flicking, who was aware of the Defendant. The victim was flicking to the right hand part of the victim's head at two times, and the victim was flicked to the right hand part of the victim's head.

“The front of the Defendant’s face under this paragraph and the front of the Defendant’s face is 10 times, the victim’s head, face, etc., and the chest side was 10 times by drinking out of the above restaurant, and the victim’s head, face, etc., and the victim’s left side was walked up once.

As a result, the Defendant inflicted injury on the victim, such as a ductal of the right to the right, which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes, such as a photograph description - victim E face;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury (the scope of recommended punishment] does not exist in the basic area (the imprisonment of April to one year and six months) [the person subject to special sentencing] [the sentence] [the decision subject to six months of imprisonment, the suspension of execution two years, and the community service work 80 hours, and so the victim's injury from the instant crime is more severe and is not agreed upon, thereby choosing imprisonment.

However, it shall be taken into account that the defendant was the first offender, is confessioned, and is in violation of depth, and that he deposited KRW 10 million in order to recover damage.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.

arrow