beta
(영문) 수원지방법원 여주지원 2020.06.15 2020고단249

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 2, 2020, at around 21:50, the Defendant: “C” located on the first floor B underground of each week; the victim D (the age of 48) who flowed alcoholic beverages from other tables was fluored by the Defendant’s table, and fluoring the Defendant’s bridge by making the Defendant’s table and fluoring the Defendant’s bridge. On one hand, the Defendant fluorddddddd the beer, which is a dangerous object on the table, with another hand, and brued two times on the left side and face of the victim.

As a result, the defendant carried dangerous objects and put about two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. Determination of sentence: The Defendant, who was sentenced to eight months of imprisonment, brought the victim a seat and sweke the sweet, leaving twice the victim’s face on the ground that the victim was sweeted and sweeted, and it is difficult to obtain the motive for the crime, and the method of crime was also very dangerous.

피고인이 내리친 맥주병이 깨지면서 피해자의 머리와 왼쪽 눈 주위가 찢어졌고, 피해자는 약 40바늘을 꿰매는 치료를 받았으므로, 피해자가 입은 부상 정도도 가볍지 않다.

In addition, the defendant has been punished four times for violent crimes.

However, this case is not responsible for the occurrence of damage to the victim, since the victim first completed the defendant's bridge.

These circumstances and the accused.