(영문) 부산지방법원 2019.03.12 2018고단4314

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(영문) 부산지방법원 2019.03.12 2018고단4314

상해

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 5, 2018, the defendant around 19:40 on April 19, 2018, as a result of the dispute between the victim D(38 years of age) and his/her children in front of the Cdong of the Busan-gu B building, the defendant was faced with the face of the victim due to the drinking of the victim. The defendant was faced with the face of the victim due to the escape of the victim by walking the bridge of the victim. The defendant got off the victim's face of the victim's face by drinking. The defendant was faced with the escape of his/her head.

Accordingly, the defendant was knenee with the victim's head kne, and the victim's face side was knee with the victim's knee with the victim's knee, and the victim was injured by the victim, such as multi-feasia, fladrop, and fela, which require treatment for about about 42 days, injuries such as injuries such as sub-feas, fladrop, and fladral care for about 28 days, as well as other injuries

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to D;

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. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury [Special Aggravationd (Special Aggravationd Person]: serious injury (Categories 1 and 4): Aggravationd (The area of recommendation and the scope of recommendation], six months to two years and six months; and

2. It is so decided as per Disposition in consideration of the following: (a) the victim has inflicted serious injury on the victim; (b) the motive and background of the crime; (c) the method and method of the crime; and (d) the fact that there is no history of criminal punishment exceeding the fine

참조조문

-형법 제257조 제1항

유사 판례

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