beta
(영문) 인천지방법원 2018.11.15 2018고단6936

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

On August 23, 2018, the Defendant: (a) around 05:35, around the Namdong-gu Incheon Metropolitan City building LV B building, and (b) on the ground that the Defendant did not do so, the Defendant and the victim C (54 years old) of the victim C (54 years old) was in possession of a dangerous object in advance (the blade 9cm day, the total length 22 cm) caused the victim to grow up to 3 cm in length on the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs and photographs of seized objects;

1. Application of seizure records and statutes concerning the list of seizure;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act / [the scope of recommendations] Special Bodily Injury and Cumulative Bodily Offense No. 1 (Special Bodily Injury) (Article 4-1) in the mitigation area (Article 1) (Article 4-1) in the mitigation area (Article 8(1) of the Confiscation Criminal Act / [Article 48(1) of the Punishment Act / [Article 48(1) of the Punishment Act / [Article 8(1) of the Punishment Act / [Article 8

A defendant has already been punished by a fine for several times of violence.

However, the mistake is recognized and reflected.

The letter was received from the injured party.

It is a contingent crime.

The sentence shall be determined as ordered in consideration of the following conditions, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.