beta
(영문) 부산지방법원 2016.11.30 2016고단6092

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to six months of imprisonment with labor or two years of suspended execution at the Busan District Court for the crime of interference with business, and the judgment becomes final and conclusive on August 18, 2016 and is still under suspended execution.

On October 7, 2016, at around 23:49, the Defendant took a call for the victim D (23 years of age) who is a customer of another table table, within the main point of "C" located in the north-gu B and the second floor of Busan, and that the Defendant took a view of the main point and the drinking value settlement.

Accordingly, the Defendant got the victim of the dangerous body, which was on the table of his table, and was in line with the body of the victim's head.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim for about two weeks, such as the second ductal, the second ductal, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (No. 2 list of evidence);

1. A report on investigation (teleline investigation) and a report on investigation (Attachment of a medical certificate);

1. Inquiry reports, such as criminal records, results of case search, and application of statutes on a copy of judgment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize the Defendant’s crime and repent his wrongness in depth, and to have agreed with the victim, considering the following: (a) there are a large number of previous charges against the Defendant; (b) the Defendant again committed the instant crime during the period of suspension of execution due to the crime of interference with business; and (c) the instant crime was committed by the Defendant with the remaining body, which is a dangerous thing, and causing injury to the victim’s head; and (d) the nature of the crime is not good, it is inevitable to severely punish the Defendant.

In addition, in consideration of the age, character and conduct, intelligence and environment of the accused, motive and means of the crime, etc., the sentence identical to the order shall be sentenced in the same manner as the sentencing is imposed.