(영문) 광주지방법원 목포지원 2018.01.16 2017고단1073

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2018.01.16 2017고단1073

폭행치상

Text

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

Reasons

Punishment of the crime

On September 22:57, 2017, the Defendant committed assault, such as, in the elevator of 105, the victim D(64) under the influence of alcohol, the Defendant did not take a pet line to the Defendant’s liveers E, and the Defendant did not take a pet line to the Defendant’s liveers, and as a result, the Defendant got the victim’s body part and the body part of the victim was tightly pushed up to the floor, and the Defendant got the victim over the floor.

As a result, the Defendant caused the injury of the victim to the injury of the victim, focusing on the absence of open address within 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on CDs for medical records, certificates of diagnosis, elevator CCTV records;

1. Grounds for sentencing under Article 262 of the relevant Act and Articles 260 (1) and 257 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the aggravated area (six months to three years) (the person who has been specially aggravated) (the person who has been injured by violence) in the second category (the person who has been injured by violence).

2. Determination of sentence: in October, the defendant recognized the crime of this case and reflects it, the defendant was the first offender, the victim was living together with a person living together with the defendant before being drunk, and the defendant seems to have caused contingent crimes of this case, and the defendant's assault by the defendant was merely a victim's friend and did not seem to have been more severe than a single victim's friend.

However, the victim suffered serious injury that needs to be treated at 12 weeks due to the crime of this case, the current operation is impossible, and even after the completion of treatment in the future, there is a high possibility that there is a serious disability, such as the left-hand paralysis, and the defendant did not reach an agreement with the victim, and the family members of the victim want to take severe punishment against the defendant.

참조조문

-형법 제257조 제1항

-형법 제260조 제1항

-형법 제262조

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