beta
(영문) 수원지방법원 안산지원 2018.11.14 2018고단3250

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

Punishment of the crime

On June 3, 2018, the Defendant: (a) visited the victim C (48 tax) who is located in Silung-si B at Silung-si (48 Do tax) with his work performance, and (b) visited D’s other employees.

”라고 농담조로 말한 것에 화가 나, 위험한 물건인 쇠파이프( 길이 40cm, 두께 3cm )를 손에 들고 피해자의 머리를 향해 휘둘러 피해자에게 치료 일자를 알 수 없는 피부가 찢겨 져 5 바늘을 꿰매는 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

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 conditions under Article 62-2 of the Criminal Act, including the defendant's age, sex, family relation, etc., shall be determined as ordered by comprehensively taking into account the following normal relation:

· Unfavorable circumstances: The fact that there are many kinds of electric power and favorable circumstances: The fact that confessions and reflects the attitude, and that there is an agreement with the victim.