beta
(영문) 광주지방법원 2021.02.04 2020고단5669

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 01:00 on July 13, 2020, the Defendant: (a) at C main points located in B, around 01:00, the Defendant: (b) at the C main points in B, the victim D ( South Korea, 34 years old); (c) at the end of the Defendant’s horse to the women, who are the seat of the Defendant, brought about the victim’s face; and (d) in line with the victim’s face, the Defendant inflicted an injury, such as the snow pool and open body around the snow that require treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each injury diagnosis letter;

1. Photographss of on-site photographs, images damaged by violence, and CCTV image data to be taken;

1. Application of Acts and subordinate statutes to internal investigation reports (such as the current status of on-site mobilization), investigation reports (topine image data reading and CD attachment, etc.);

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

1. The punishment as ordered is determined by comprehensively taking account of the following factors: (a) the protection and observation and the community service order Article 62-2 of the Criminal Act is not good for the reason of sentencing; (b) the disadvantageous circumstances, such as the fact that there is a history of punishment for the same kind of crime; (c) the fact that the defendant has failed to receive a letter from the injured party; (d) the accused has led to confession of the crime; and (e) there is no record of punishment other than twice; and (e) the degree of injury to the injured party in favorable circumstances, such as the fact that the crime of this case occurred by contingency; and (e) the degree of injury to the injured party during favorable circumstances, such as the age, sexual behavior, environment, motive for the crime