(영문) 수원지방법원 2018.11.28 2018고단4615

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(영문) 수원지방법원 2018.11.28 2018고단4615

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 8, 2018, the Defendant, at the D main station located in Osan City, had alcoholic beverages performed at the D main station located in Osan City around July 8, 2018, went back with E and the victim F (41 years old) who was drinking together with E and the victim F (41 years old) who were drinking at the same workplace, and went back with the victim in Osan City.

Since then on the same day, the Defendant is too serious to the head of the team E from the person suffering from the injury in front of the “H” on the street around 22:35.

“To hear the horses, the victim’s face was taken several times, and approximately eight weeks of treatment to the victim, and the victim was inside the left-hand side of the victim and the structural frame of the inner wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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

1. Application of the sentencing criteria [referring to the types of decisions] violent crimes, general bodily injury, and type 1 (general injury) (special sentencing factors): Heavy injury and mitigation factors: Basic area of punishment not (the territory of recommendations and the balancing of recommendations) and the basic area of punishment not (the territory of recommendations and the balancing of recommendations), April to June;

2. Considerations such as the fact that the degree of injury of the victim to the decision-making sentence is not somewhat minor, that the defendant led to the confession of the crime in this case, that the defendant agreed with the victim, that there was no record of punishment for the same kind of criminal record, and that there was no history of punishment

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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