beta
(영문) 의정부지방법원 2016.10.14 2016고단2690

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 00:00 on November 23, 2015, the Defendant, within the residence of the Defendant, who drinking alcohol, such as the victim C (the age of 45, the age of 45), suffered bodily injury, such as blood transfusion, etc., on the part of the Defendant, while drinking alcohol as the victim C (the age of 45).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each injury diagnosis letter;

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

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: A favorable condition that is favorable to the fact that the defendant inflicts bodily injury upon the victim's head due to a major illness, which is a dangerous thing: The defendant recognizes the crime of this case and seriously reflects the defendant; the defendant is not subject to punishment by mutual consent; the defendant is not subject to punishment for the same criminal offense; the defendant has no record of being subject to suspended sentence or heavier punishment; the defendant's age, character and behavior, environment, means and consequence of the crime; and the conditions for various sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.