beta
(영문) 서울중앙지방법원 2016.04.28 2016고단1585

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2015, the Defendant: (a) around 02:50, and around March 2015, 2015, the “D main store” operated by the victim C (n, 52 years of age) who was divorced from the victim’s (n, n, e.g., the victim’s seal impression with the head of the victim and the resident registration certificate; (b) caused the fluor’s disease, which is a dangerous object, and caused the victim’s right-hand end to the right-hand side where the victim could not know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C Police Statements;

1. Application of damaged photographs, on-site photographs and statutes;

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 (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55) for mitigation of a small amount (Article 53

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the following conditions are favorable):

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

The reason for sentencing: (a) the use of dangerous articles that can cause serious injury; (b) the favorable circumstances that are favorable to the fact that there have been several punishments for violent crimes: the defendant has committed a mistake; and (c) the decision of the sentence that the victim does not want to punish the defendant: taking into account all such circumstances as above and the defendant’s age, sex, career, home environment; (d) motive and means of the crime; and (e) the sentencing conditions specified in the arguments of this case, including the circumstances after the crime.