(영문) 서울남부지방법원 2014.07.02 2014고단1079

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(영문) 서울남부지방법원 2014.07.02 2014고단1079

상해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On January 23, 2014, at around 23:00, the defendant, while driving a vehicle on the front side of Gangseo-gu Seoul Metropolitan Government, was rapidly stopped by the victim D (52 years old) who followed the vehicle, and the victim attempted to drive the vehicle by getting out of the vehicle because the defendant did not drive the vehicle while driving the vehicle on the front side of Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant laid down a taxi driver's seat from the taxi, dumped the victim's flap, dump from the taxi, flaped the victim's spath, pushed the victim's spath, pushed the victim's spath, pushed the victim's head spath, spathing the victim's spath, spathing the victim's spath, and spathing the victim's spath, and spathing the victim's spath, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general injury [the person subject to special mitigation] (one to one year), minor injury (one to one year), penalty not (one to four years), or considerable damage is recovered (including efforts to recover damage). The decision of sentence] criminal records of the same kind have the same criminal records, and the defendant suffered injury on the ground that he/she had provided the cause for the crime under the influence of alcohol while he/she was under the influence of alcohol.

The degree of injury of the victim is minor, the victim receives a considerable amount of damage from the defendant and does not want the punishment of the defendant by agreement with the victim, and the fact that there is no criminal record of suspended execution or more is favorable.

Other cases, such as the age, character and conduct, family environment, etc. of the defendant.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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