beta
(영문) 서울북부지방법원 2016.09.29 2016고단1864

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

1. around 07:00 on April 30, 2016, Defendant A, while drinking alcohol together with the victim B (S 41) at the Defendant’s residence of the 1st floor underground of Dobong-gu Seoul, Dobong-gu Seoul Metropolitan Government, Defendant A saw the victim’s head as a dangerous object for the reason that the victim would make a speech without a brucation, and thereby, caused injury to the victim’s treatment days, such as tearing the back head of the victim, and making the victim escape.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B inflicted an injury on the victim’s face and face at the above time, at the above time, and at the above place, the victim A (52 taxes) had been set up against the victim himself, and the victim’s face and body was taken as drinking and sprinked, thereby making the victim’s eye and face fall short of the victim’s eye and face.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. On-site photographs and photographs of suspect injuries;

1. Application of Acts and subordinate statutes to a report on investigation (on-site and suspect standing);

1. Relevant Article 258-2(1) and Article 257(1)2 of the Criminal Act: Defendant B; Article 257(1) of the Criminal Act; Articles 257(1) and 257(1) of the Criminal Act; Selection of imprisonment;

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Defendant A: Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to provide community service and attend lectures;

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for six months to five years;

B. Defendant B: Imprisonment of one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Defendant A: Offenses for which the sentencing criteria are not set;

B. Defendant B [the scope of recommended punishment] General Injury (the scope of recommended punishment) and the mitigated area (two months to one year) (the imprisonment of two months to one year) (the punishment of Defendant B is not imposed.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: