(영문) 서울북부지방법원 2017.06.28 2017고단1470

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(영문) 서울북부지방법원 2017.06.28 2017고단1470

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 30, 2017, around 01:55, the Defendant, at the same time as Nowon-gu in Seoul Special Metropolitan City, brought an injury to the victim D(76) who is a substitute engineer, on the ground that the Defendant does not promptly come to his destination after driving the Defendant’s vehicle at his destination, and then having arrived at his destination, while the Defendant took a bath to each other, he did not take the Defendant’s abundance and reported to 112 on the ground that the Defendant would not take the Defendant’s abundance, and that he did not take the victim’s face, and the victim’s face cannot take the victim’s face. On the other hand, the Defendant assaulted the victim by assaulting the victim, such as walking the face of the excessive victim and the body face via several times, and inflicted an injury, such as cutting off the inner wall with the right side that requires treatment for about eight weeks.

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. Application of Acts and subordinate statutes reporting investigation results;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general injury to the basic area (from April to June) (no person subject to special sentencing).

3. The fact that the degree of injury suffered by the victim who was sentenced to the sentence is serious, and that it is not agreed with the victim is disadvantageous to the victim.

The fact that there is no criminal history, and that the victim deposited 15 million won for the victim is a favorable circumstance.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

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