beta
(영문) 서울북부지방법원 2016.10.20 2016고단3584

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Seoul Northern District Court on March 28, 201, and the judgment became final and conclusive on June 6, 2014. On July 10, 2015, the Defendant completed the execution of the sentence.

On June 28, 2016, the Defendant: (a) around 20:20 on June 28, 2016, at a party park located in Nowon-gu, Seoul Special Metropolitan City-ro 283, the Defendant reported that the victim C (the age of 48) was faced with the floor, and that the victim was ill; (b) however, the victim was suffering from injury, such as the victim's head due to dangerous material, and the victim was forced to escape from the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Investigation report (Investigation of a reporter);

1. Details of receipt of report;

1. Photographs of the victim;

1. Previous convictions: Criminal records, investigation reports (verification of previous convictions and date of expiration of term of punishment), and application of Acts and subordinate statutes concerning personal confinement;

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;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing criteria: Offenses for which the sentencing criteria are not set.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is deeply divided into and reflects his own crime, and the written agreement in which the victim's intention not to punish has been submitted before the prosecution is instituted: The defendant was a repeated crime period at the time of the crime of this case, such as the method of the crime of this case, the degree and degree of damage, and the previous record of the judgment, and the defendant was punished for violent crimes of this case 19 times.