beta
(영문) 부산지방법원 동부지원 2018.09.20 2018고단1308

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 31, 2018, the Defendant, at around 01:50 on January 31, 2018, was in drinking together with the Defendant’s residence in Busan Shipping Daegu C, and the victim D (main, 53 years old). In other words, the Defendant’s refusal to hear does not continue to do so.

In spite of the occurrence of a defect in the end of the vehicle, the victim shall be prevented from sustaining the end of the vehicle.

who is within the territory of the Republic of Korea

“In doing so, the victim’s head was calculated once on account of a fluoral disease, which is a dangerous object, and the victim was unable to know the number of days of treatment such as tearing to the left side of the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on the occurrence of an accident (special injury), a photograph of an injury, a criminal investigation report (or a relative investigation report on the victim E) an investigation report (or a counter investigation report on the victim E-mail), and a report on investigation (to listen to interview with

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the suspended sentence (see, e., Supreme Court Decision 2009Da14448, Apr. 2, 2009) is an unfavorable circumstance, where the victim’s head was at prices, and the victim’s head was teared, etc., and the victim’s head was at the left home, and the victim’s number of

However, it is advantageous to the fact that the defendant recognized the facts charged and is against the law, the degree of injury of the victim is not very serious, and the defendant agreed with the victim smoothly, and the victim wanted to appear in the court and the defendant's wife.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. of this case shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.