beta
(영문) 수원지방법원 2017.04.19 2017고단315

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 02:00 on December 21, 2016, the Defendant, while drinking alcohol together with the victim D (17 tax) who was aware of peace at the C Office located in Osan-si B, Osan-si, and the Defendant, on the ground that the victim had done bad behavior, was suffering from injury to the victim, such as a hot spring, which was a dangerous object of drinking alcohol once, caused the victim's head part to be cut off about 2 weeks of drinking, and caused about 2 weeks of drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to photographs and diagnostic documents which photographs the victim form after hospital treatment;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. In the case of special injury for reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount, no sentencing criteria are set;

Considerations such as that the degree of injury of the victim is not minor, that the damage of the victim was not recovered, that there was no agreement, that there was a history of punishment for the same criminal record, that there was a criminal record of the same kind of crime, and that the defendant recognized the facts of the crime of this case and is against the law (limited to the defendant, but a statutory detention is not allowed to give the opportunity to agree with the victim