beta
(영문) 인천지방법원 2018.10.18 2018고단5917

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of Kazakh's nationality who is a victim B (B and Kazakh's nationality) and a person who is a member of the same nationality.

On May 28, 2018, the Defendant, while drinking alcohol at the victim's house located in Yeonsu-gu Incheon Metropolitan City C on the ground that the injured person does not listen to the Defendant's horse, bread the victim's head once with the hand floor on the ground that the injured person does not listen to the Defendant's horse, and when the victim's head can be scamd with the dangerous goods, the victim's face and head can be scamd with the dangerous plastic chair, and when the victim's face and head part can be scamd with the shoulder part of the victim's head, the Defendant injured the victim's body part open part of the body part where it is necessary for treatment for about seven days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence 【The scope of the recommended punishment】 The basic area [6 months - 2 years] of the Special Aggravation (Reduction) of the Punishment Act: the victim/the defendant, who is vulnerable to the crime, is living together with the female on the ground that he/she does not comply with his/her order. The defendant, who is not subject to punishment, has committed an influorous violence with the face of his/her female.

Through strict punishment, it is necessary to make the accused aware of the harm of family violence and the suffering of the victim.

In addition, it is difficult to eliminate the possibility that the defendant will pose a risk close to the abuse of the victim by taking out his/her scam and scams in light of the records of the occurrence of violence, the status of the victim, the awareness of family violence, and the cultural concept.

However, in the case of infringement of personal legal interests, the victim has expressed the penalty in the court and the victim's credit has been improved.