beta
(영문) 의정부지방법원 2018.08.16 2018고단1364

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 23, 2017, at around 22:15, the Defendant: (a) performed drinking together with the victim E (59) in the residence of the land located in Sincheon-si C on December 23, 2017, on the ground that: (b) the victimized person was asked the Defendant to resolve the obligation relationship between her relatives; (c) the injured person was her hand at one time, and (d) the injured person her blicked against the victim, and her her flick, and her flick, which is a dangerous thing that her flick back, her head, and her head, was flick, and then this part of the flick, which requires treatment for about 14 days for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to a medical certificate of injury, on-site, and photograph of victim injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Where considerable damage has been restored to the mitigated area (one year and six months from June to two years), such as the mitigated area (one year and six months from the date of special mitigation) of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines, habitual injury, repeated injury, special injury and special injury (Habitual injury, repeated injury and special injury).

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, community service work hours at 120 hours, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes, the same sentence as the order shall be determined.

3. Unfavorable circumstances: Circumstances that are not good in quality of crime, and that are favorable to the degree and degree of injury: The confession of the crime in this case; the fact that there is no other record of crime other than twice fines; and the fact that part of the victim has been repaid.