beta
(영문) 전주지방법원 군산지원 2017.12.20 2017고단1352

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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2017, the Defendant: (a) talked at C main points located in Yasan City B around 01:00 on August 29, 2017, and (b) talked to the effect that the Defendant would pay the victim E (the 54 years of age) with D and money as the owner of the business; (c) and (d) took part in a dispute with the victim, he was fluencing that the Defendant would incur the victim’s head, and (d) took part in a beer disease, which is a dangerous object on his customer, the Defendant was in need of approximately two weeks medical treatment for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to medical certificates of injury and medical records;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general injury [the scope of the recommended sentence] in case where the defendant committed the crime by carrying a criminal defendant's weapon, deadly weapon, or other dangerous articles [the decision of sentencing] by taking into account the following factors: (a) the defendant's fault is against himself; (b) the defendant's fault is against himself; (c) the degree of injury is not severe; (d) the defendant's age is agreed with the victim without severe injury; (e) the circumstances leading to this case; and (e) the circumstances leading to this case, which form the condition for sentencing, such as sexual behavior, environment, etc.