beta
(영문) 제주지방법원 2020.04.01 2019고단2288

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 4, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for the obstruction of performance of official duties, etc. at the Jeju District Court, and the said judgment became final and conclusive on the 12th of the same month.

The Defendant, while living together with the victim B (n, 41 years of age) and from February 2017, operates the “D” main points in Jeju City, jointly with the victim.

1. Around November 9, 2017, the Defendant, within the main point of “D” above, around 04:15, the victim, while drinking alcohol together with the victim, was threatening to be sicker’s knick, which was a dangerous object on the table, to the victim’s knife, and to the victim’s knife, and to the victim’s knife the victim’s knife.

2. Around January 13, 2018, the Defendant suffered special injury: (a) around 07:30, in the residence living together with the victim EF on the Jeju-si on the ground that the Defendant’s security card was not available; (b) in the event of a dispute with the victim’s hand, the Defendant saw the victim’s timber as his/her hand; and (c) in the case of a dangerous article, the Defendant saw the victim’s left head part of the victim’s free cup, and put the victim into heat, the number

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of relevant Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of carrying or injuring dangerous articles, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the occupation of threatening carrying or threatening dangerous articles, and the choice of imprisonment);

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime above and the crime for which judgment has become final and conclusive around September 2019) of the Criminal Act to treat concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, such as the relationship between the defendant and the victim, the circumstances and details of the crime, and the repetition of violent crimes against the victim, etc., the crime is not good;

The defendant's mistake.