beta
(영문) 수원지방법원 2017.11.14 2017고단4838

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

Reasons

Criminal facts

The defendant was the father of the victim B(17 tax) and had a good appraisal for the victim as the result of the dispute with the victim around August 2016.

On June 21, 2017, the Defendant: (a) 108-dong 1503, the house of the Defendant, the house of the Defendant located in Young-gu, Young-gu; (b) d apartment 108-dong 1503, the house of the Defendant, which was under the influence of alcohol, broken away the glass light, which is a dangerous object; and (c) dump of the victim’s face part toward the victim’s face, where the victim’s face cannot be identified; and (d) dump to the left-hand part where the victim’

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. 112 Notification to a department related to the report of the case;

1. Application of the Act and subordinate statutes to the site and suspect photographs and suspect photographs; and

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 on the suspended execution;

1. The sentencing guidelines for special injury under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, do not yet provide for the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59(1) of the Act on the Observation, etc. of Protection, Etc., and Article 258-2 of the Criminal Act, so the sentencing guidelines do not apply.

Circumstances favorable to the defendant shall be as follows:

The defendant seems to make efforts to improve the relationship with the victim, and reflects his fault.

It seems that the defendant, who was not good between the victim for a considerable period of time, seems to have caused the crime of this case by drinking and contingently.

There shall be no history of criminal punishment other than three times of fines.

Circumstances unfavorable to the defendant are as follows:

피고인이 위험한 물건인 깨진 유리조각을 피해자의 얼굴에 휘둘러 피해자가 얼굴을 꿰매는 상해를 입었다.

It is called criminal punishment against the defendant by the victim.

A defendant is deemed to have assaulted a victim on August 2016.