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Reasons
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(영문) 대전지방법원 논산지원 2017.03.17 2016고단543
상해
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] The Defendant was punished by a fine of 700,000 won for assault in the Daejeon District Court's Support on May 31, 2011, and the same criminal record is 12 times for the same kind of crime.

[2] On September 15, 2016, the Defendant: (a) around 20:30 on September 15, 2016, when the Defendant did not lend money to the victim prior to the Defendant’s opening of the home room located in YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY, the Defendant: (b) expressed the victim’s desire to take care of about 2 weeks; and (c) took care of about 5 million won in CYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Side photographs of the victim, and the KONEX of the suspect;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim D phone calls);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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 Act [the scope of recommendation] general injury [the reason for sentencing] : (a) minor injury (two months to one year) [the person subject to special mitigation] / [the decision of sentence / [the defendant] committed the instant crime again despite the fact that the defendant had been sentenced several times of punishment due to the same kind of crime by sentence, suspension of execution, fine, etc.; (b) Kexnex had no agreement with the victim; (c) the method of committing the instant crime seems to be very dangerous; (d) the victim did not reach an agreement with the victim; and (d) the victim wanted to punish the defendant; (e) the defendant did not recognize and reflect the victim's fault; (e) the defendant deposited one million won against the victim; and (e) the defendant deposited the defendant's age, sex, environment, criminal records, relationship with the victim; (e) the circumstances before and after the instant crime; and (e) the circumstances of the instant crime.

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