beta
(영문) 부산지방법원 서부지원 2018.04.11 2017고단1921

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, at around 05:30 on September 10, 2017, was holding a meeting of the members of the Dober Doe Doe Doe Doe as the subject of Doe Doe Doe Doe Doe Doe Doe Doe, and Doe Doe Doe Doe Doe Doe Doe Doe Doe Doe Doe Doe Doe Doe Ha

Doz. Doz. Doz.

For the reason that the duplicity of “A” was caused by a small-scale illness, which is a dangerous object of chemicalism, the head of the victim was cut once, and approximately two times from the victim’s side duplicing, thereby causing injury to the victim, such as a cuplicing duplic, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of sentencing recommended on the sentencing criteria: Imprisonment for not less than four months;

A. 1) The recommendation range of each crime is 1) the basic area (from April to January 6) (no person who has any special sentencing person) (2) the basic area of the crime of bodily injury (from April to January 6) (no person who has any special sentencing person) is set forth in the sentencing criteria under the Criminal Act for special bodily injury.

B. Since the application of the sentencing criteria for multiple crimes have not been set, only the lower limit of the scope of sentence in the sentencing criteria for crimes for which the sentencing criteria are set shall apply.

2. The crime of this case committed by the Defendant, who gets the head of the victim due to his main illness and walked the side gate, resulting in the injury of the victim. In light of the method of the crime, the Defendant’s attack, and the result of the injury, etc., the liability for the crime is not easy, the agreement with the victim is not reached, and the same kind of fine is prior to several times.