(영문) 창원지방법원 통영지원 2020.06.10 2019고단1550

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자간(%)

(영문) 창원지방법원 통영지원 2020.06.10 2019고단1550

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 26, 2019, the Defendant inflicted injury on the victim, on the part of the victim B (Nam, 44 years old), who is driving in the vicinity of the Chungcheong bridge located in the Tong-dong at Tong-si on November 26, 2019, on the part of the victim C urban bus, and on the part of the victim, while the victim stopped the bus, the victim was parked in the bus at the lower end, and on the part of the victim, the victim was deprived of the bus at the driver's seat and was faced with the face of the victim at one time by the son and the son's hand, and the victim was faced with the face of the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (Attachment of photographs of victims) and investigation reports (Attachment of CCTVs);

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (special injury-specific person] mitigated element: Minor injury (the scope of recommendation field and recommendation type] mitigated area (the scope of recommendation field and recommendation type] mitigated area, February to October.

3. Determination of sentence: A sentence shall be determined as ordered in consideration of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, and family relationship of the defendant, in light of the fact that the degree of injury is minor, and circumstances unfavorable to the defendant being committed against him/her: a large number of criminal records; the crime of this case has been committed during the period of suspension of execution; the victim's damage has not been recovered; and

참조조문

-형법 제51조

-형법 제257조 제1항

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