beta
(영문) 서울서부지방법원 2016.12.07 2016고단3078

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

Reasons

Punishment of the crime

On July 23, 2016, at around 10:30 on July 23, 2016, the Defendant, at the underground warehouse of the Defendant located in Seodaemun-gu Seoul, brought an injury to the victim, such as the victim C (the age of 48) who is a fluorous victim, due to the lease deposit, and the victim's oral dispute with the victim on the ground that the victim takes care of the victim's face because he does not hear the horse of the Defendant, and caused the victim's injury to the victim, such as the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A copy of medical records;

1. Photographss and photographs of victims of each item;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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 to mitigate small amount;

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

1. It appears that the degree of injury suffered by the victim for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act is very serious (20 pages, 68 pages, and 88 pages of investigation records), but the victim is closely opposed to the crime, the victim made efforts to recover damage by reporting to 119, etc., the victim continuously wanting to punish the defendant immediately after the damage, and the first offender is the subject of the order.