(영문) 인천지방법원 부천지원 2014.09.11 2014고단49

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2014.09.11 2014고단49

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 8, 2013, the Defendant: (a) around 02:10, the victim D’s 'E entertainment tavern' operated under the Seocho-gu, Seocheon-gu C underground, Seocheon-gu; (b) had an appraisal of drinking together with drinking; (c) had an appraisal of drinking; and (d) had the victim who was in drinking; and (c) had the victim who was in drinking; (d) caused the victim’s injury on the alley-gu and the surface heat that requires approximately four weeks of treatment.

Summary of Evidence

1. Each legal statement of the witness D;

1. Each prosecutor's office and police statement concerning D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on damage and field pictures;

1. Article 257 (1) of the Criminal Act applicable to the crimes. Article 257 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. Recognizing the fact that the defendant was suffering from bodily harm due to the difference between the defendant and the victim, the defendant had no intention to inflict bodily harm on the victim because the defendant had no part of his/her drinking value, and the victim's face had been sponsed on his/her client who had been sponsed.

2. The decision is examined: ① the victim has consistently made statements from the investigative agency to the court consistently from the fact that the defendant had been out of his own towards himself (in accordance with the witness F’s legal statement, D has been identified from the beginning as the offender, even if D has failed to see the point where the defendant had been faced again, it seems that it could be sufficiently known that the difference between the defendant and the defendant had been faced again, and ② in light of the nature, material, length, etc. of the above separation and the arbitr, it cannot be seen that the victim was faced with the victim by going back to the place where the defendant had been left behind and has not been destroyed by the arbitr, and approximately two meters in length.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제257조 제1항

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