beta
(영문) 대전지방법원 홍성지원 2020.04.20 2019고단866

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 21:40 on August 2, 2019, the Defendant: (a) laid down two back parts of the back water level of the victim at the “C” main point located in Chungcheongnamnam Budget Group B, on the ground that the victim D (55 years old) did not properly conduct personnel management, the Defendant left two parts of the back water level of the victim, which is a dangerous article that the victim was seated on the table table (7.5 cm, height of 8 cm) and cut down about 5 cm of the victim.

As a result, the defendant carried dangerous objects and laid the body of treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D and E;

1. 119 ambulances;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 for discretionary mitigation;

1. Taking into account the reason and means of sentencing under Article 62(1) of the Criminal Act, or the risk of serious injury to the victim, considering the crime committed or the risk of serious injury to the victim, and the fact that the defendant has the record of criminal punishment due to the same criminal conduct in the past is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and stated that his mistake is divided, and that the victim agreed with the victim and the victim expressed his intention not to be punished.

In addition, in consideration of the age, character and conduct of the defendant, circumstances leading to the crime, circumstances after the crime, etc. and all the sentencing conditions shown in the pleadings, the punishment shall be determined as ordered.