beta
(영문) 수원지방법원 2016.09.28 2016고단4811

특수상해

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 16, 2016, Defendant A, at around 05:15, the Defendant inflicted an injury on the victim, who had a dangerous article in the main body of the victim’s left head, on the ground that the victim B (38 years of age) was taking an examination on his/her native E on July 16, 2016, on the ground that the victim B (38 years of age) brought about a dispute, he/she sustained the victim, who had a dangerous article in the main body of the victim’s face where he/she was suffering from the victim’s injury, that he/she was an open top of face where medical treatment is required for approximately two weeks.

2. While Defendant B and the victim at the date, time, place, as described in paragraph (1), were in conflict with the victim A (37) at the location, the Defendant was suffering from an illness, which is an object dangerous to the victim, and assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Scenes of on-site photographs and CCTV images taken;

1. Application of Acts and subordinate statutes to internal investigation reports (D's statement of D's owner of business);

1. Articles 258-2(1) and 257(1) (Defendant A) and 261 of the Criminal Act (Defendant B) of the relevant Article of the Criminal Act concerning criminal facts;

1. Reduction of volume (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Protective observation and community service order (defendant A) under Article 62-2 of the Criminal Act;

1. In the case of Defendant A with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, considering the following factors: (a) the nature of the crime is bad in light of the victim’s degree of damage, degree of injury, etc.; (b) the fact that Defendant B did not have any special criminal record other than twice of a fine; and (c) the fact that Defendant B received a letter by mutual agreement with the victim was favorable; (d) the nature of the crime committed by assault and assaulting Defendant B was bad; (e) the injury of the victim was not caused to the victim; and (e) the injury was not caused to the victim; and (e) the fact that the victim received a letter by mutual agreement with the victim. It is so decided as per Disposition.