beta
(영문) 서울북부지방법원 2018.09.06 2018고단2507

특수상해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the execution of punishment shall be suspended for a period of two years from the date the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2018, around 15:50 on June 15:50, 2018, the Defendant demanded the victim E (71 taxes) to re-exploit the Defendant’s office underground repair work, but the Defendant refused this request, and the Defendant’s refusal was “Bh w w w w w w w w w w w w w w w w w w w

Along with the three sides of the material of Aluminium, which is a dangerous object with the same name as Dr. “,” the victim’s name, etc. was made several times by using the three pages of the material of Aluminium ( approximately 75cm in total length, about 4cm in diameter).

Accordingly, the defendant carried dangerous articles and caused damage to the reputation of the head that requires the treatment of about 2 weeks of care to the victim, and caused damage to the neck of the head, the knife, and the open knife of the knife that does not damage the knife to the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A report on investigation (Correction of name of the crime);

1. Application of the Acts and subordinate statutes of photographs, ctv photographs;

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. When the sentencing of Article 62-2(1) of the Criminal Act on the observation of protection and the sentencing of Article 62-2(1) of the Criminal Act takes into account the degree and risk of the victim’s wife and the degree of the use of violence, which can be verified by evidence, in multiple times, the three spons, which are dangerous objects of the defendant.

There is no fact that he has received or recovered from damage.

On the other hand, it seems that the defendant recognized the crime and reflects it, and there is no history of criminal punishment exceeding the fine, and there is no same kind of violent crime.

Detailed circumstances such as the developments leading up to the occurrence of this case, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, shall be determined as per the disposition.