beta
(영문) 의정부지방법원 2017.08.29 2017고합198

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the founder of the F High School, and the victim H (V, 43) works as the head of the F High School's administrative office as his/her father and wife.

On March 24, 2017, at around 09:25 to 09:30 on March 24, 2017, the Defendant suffered bodily injury, such as two windows, which require treatment for about 14 days in consideration of the victim’s head head, with an Aluminum stick ( approximately 1m in length), which is a dangerous object in possession of the defendant, while the Defendant had a verbal dispute with the victim due to the school operation in the F high school school principal room located G in Speaker City.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. A medical certificate of injury and a certificate of medical treatment;

1. Each investigation report and internal investigation report;

1. Application of the Acts and subordinate statutes governing CCTV systems, such as field photographs and CCTV photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: One year to ten years; and

2. Application of the sentencing criteria: A crime for which the sentencing criteria are not set.

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime of this case committed by the defendant with Alkin, which is a dangerous object, in consideration of the victim's head and part of the victim's head, etc., the crime is not good, the defendant did not reach an agreement with the victim, and the defendant's records of punishment for violent crimes are disadvantageous to the defendant.

However, the crime of this case is a situation favorable to the defendant that the defendant suffered from the disease in the process of dispute over the problem of operating the victim with the victim, the degree of injury suffered by the victim is not much serious, the defendant deposited KRW 5,00,00 for the victim, the defendant led to confession and reflect, the defendant is aged, and the defendant suffers from the disease in the current situation.

In addition, the defendant's age, sex, environment, family relationship, motive for the crime, and crime.