beta
(영문) 창원지방법원 2018.04.05 2018고단134

특수상해

Text

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

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

Reasons

Punishment of the crime

On December 26, 2017, the Defendant, within the first room of the singing room near Seongbuk-gu, Sungwon-si, 05:00 on December 26, 2017, followed by the victim E (the age of 22) who was under dispute with D, she was under restraint, and she was under close back with the victim's face.

As a result, the defendant carried dangerous objects and carried about about two weeks of treatment to the right side, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (Attachment of a medical certificate of injury);

1. Application of Acts and subordinate statutes to photographs of damage attached to a report on investigation (to hear statements by a complainant);

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. According to the reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances among the reasons for sentencing), the sentence shall be determined as ordered by taking into account the various circumstances, including the following circumstances, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant appears to have committed the crime of this case in a contingency while under the influence of alcohol; the defendant has committed a mistake in depth while making a confession; the defendant is a primary offender who has no record of crime; and the degree of injury to the victim due to the crime of this case is not much serious: the crime of this case is not good in light of the risk of crime.