logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.02.09 2016고단3867
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 11, 2016, the Defendant: (a) around 01:45 on September 11, 2016, on the street of the “D cafeteria” located in Songpa-gu Seoul Metropolitan City, for the reason that the Defendant’s daily behaviors faced with the victim E (32 years of age) and shoulder, was a punishment for Si expenses. The Defendant, as a matter of drinking, took the face of the said victim, was frightd up to several times by generating the body of the said victim; and (b) said, the Defendant f (30 years of age) faces the face of the victim F (30 years of age) who is the one of the above E.

As a result, the defendant suffered from injury to the victim E, such as an internal morry in need of treatment for about two weeks, and injury to the victim F, such as an internal morry in need of treatment for about two weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to the victim E-injury photographs, and to the part of the victim F injury photographs;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for not less than two months or for not more than one year general injury (general injury). The mitigation area (two months to one year) - Special mitigated persons: No punishment shall be imposed;

2. Despite the fact that the defendant who was sentenced to a fine for an violent crime was sentenced to four times, the fact that the defendant committed the instant crime is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that the defendant has agreed to pay the agreed amount to the victim smoothly, that there is no record of criminal punishment for violent crimes after 2009, and that there is no record of criminal punishment for all crimes in this court.

The punishment shall be determined as ordered by comprehensively taking account of the conditions of sentencing as shown in the trial process of this case, such as the above various circumstances, the age, sex, and circumstances before and after the crime.

arrow