beta
(영문) 수원지방법원 안양지원 2019.02.20 2018고단1484

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2018. 8. 5. 08:38경 안양시 만안구 B건물 C호에서 중학교 동창인 피해자 D(남, 45세)과 함께 술을 마시던 중 피해자가 오래전 일을 들추어내며 자신을 비난한다는 이유로 화가 나 주방에 있던 위험한 물건인 가위(전체길이 20cm)로 피해자의 오른쪽 머리 부분을 1회 내려쳐 3바늘을 꿰매게 하였다.

As a result, the defendant used dangerous objects to inflict an injury upon the victim who could not know the days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of field photographs and the Acts and subordinate statutes on the surface of victims;

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 [the scope of recommendations according to the sentencing guidelines] - The area of mitigation (4-1 year) for special injury and repeated crime injury (special injury) - The area of mitigation (4-1 year) for special mitigation: In a case where punishment is not granted (including a serious effort to recover damage) or considerable damage has been recovered (the decision of sentence is recognized and reflected by the defendant).

It seems to be a contingent crime.

The victim does not want to be punished against the defendant.

However, the defendant committed a crime during the suspension period of imprisonment with prison labor due to drinking driving, and the law of receiving a crime is not good.

The sentence shall be determined as ordered in consideration of such circumstances, the circumstances of crimes, the age, character and conduct, environment, etc. of the defendant.