(영문) 대구지방법원 경주지원 2017.05.10 2017고단87

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줄 간격

자간(%)

(영문) 대구지방법원 경주지원 2017.05.10 2017고단87

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

The defendant and the victim B (ma, 57 years old) are married married couples around December 1984.

On January 8, 2017, the Defendant: (a) around 19:05, the Defendant: (b) around 102 Dara C Borrowing 102 101 and 101 at the residence of the Defendant and the victim; (c) even though under the influence of alcohol, the Defendant was divided the labels to enter the house, the victim, who completed the work, did not open approximately 30 minutes of a lux, thereby making a report to the police.

In addition, it means spits or spits the victim's face, spits the victim's face into drinking and spits the victim's face, and spits the victim's face into the floor, thereby causing injury to the victim, such as the number of days on which treatment is not possible to the right side of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of a suspect's face) and a report on investigation (Attachment of photographs of a victim's body);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Application of the sentencing criteria [the scope of the recommended sentence] general injury category 1 (general injury). Basic area (from April to June);

2. Although the defendant who has been sentenced to criminal punishment is under the duty to observe the protection of home protection cases due to assault against the victim, the nature of the crime in this case shall not be negligible;

However, the punishment shall be determined as ordered in consideration of the fact that the defendant is led, the fact that there is no record exceeding the fine, and all other factors of sentencing as shown in the trial of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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