logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.14 2017고단2583
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 December 15, 2017, the Defendant: (a) around 15:58, the Victim D (E) in Yasan-gu, Seoul Special Metropolitan City on December 15, 2017; and (b) on the ground that the victim under the influence of alcohol disregards his/her horse, “Choe, internal medicine, and internal medicine,” the Defendant is a dynamic with the victim, who was under the influence of alcohol.

"At the same time, the victim's left face was taken one-time by drinking, and the victim was injured by galivists and galivists in the area around the snow that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (the picture F and the telephone conversations);

1. Application of Acts and subordinate statutes to damaged parts of photographs and diagnostic reports;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The scope of recommended punishment [the types of punishment [the types of punishment] and the general injury [the person subject to special sentencing] types 1 (the person subject to recommendation] and the mitigated area of punishment [the scope of recommended punishment] [the scope of recommended punishment] and two months to one year.

3. In this case, the Defendant, under the influence of alcohol, committed an injury to the victim’s face by two weeks prior to drinking without any special reason. Considering the risk of the crime, the details of the crime were more serious, and even if the Defendant was punished on several occasions, such as imprisonment, suspension of execution of sentence, fine, etc. for the same kind of crime, and recommitting the crime without improvement of character and conduct, and the Defendant was arrested and detained by the police officer who was dispatched after receiving a report on the failure to contact with the instant case at the home because it is not properly contact with the instant case.

However, the Defendant recognized all the facts charged of the instant case and expressed his intention to reflect on the mistake, and the degree of injury was 2 times the total amount of injury.

The damage recovery is not visible, and the victim is restored.

arrow