beta
(영문) 광주지방법원 순천지원 2017.12.15 2017고단1765

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant is a person who works as a security guard at the time of mining development.

On July 24, 2017, around 05:05, the Defendant demanded the victim D (57 cm) who was the head of the guard team at the 2nd guidance room in front of 105, prior to 2nd guidance room in front of 2017, that the Defendant “finite” was “finite,” but when the victim’s head, etc. was finited due to a wooden finite (43 cm in total length, 12 cm in length), which is an object dangerous to the victim’s refusal (12 cm in length). The victim finited the victim’s head, shoulder, etc. due to the wooden finite.

As a result, the defendant carried dangerous objects and inflicted an injury on the victim, such as the cutting of a string to the left-hand shoulder that needs to be treated for four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. The grounds for sentencing under the main sentence of Article 62(1) of the Criminal Act, as well as the age, health status, home environment, motive for committing a crime, relationship with a victim, circumstances after committing a crime, etc. of the defendant, shall be determined as the disposition of the suspended sentence.

Unfavorable circumstances: Considering the crime tool, damage part, frequency of assault, etc., the fact that there is a high risk of the crime of this case; the degree of injury suffered by the victim is not less than that of the defendant; there is no previous conviction that exceeds the fine; the defendant recognizes and reflects the crime; and the victim want not want to be punished against the defendant; etc.