beta
(영문) 춘천지방법원 강릉지원 2018.01.11 2017고단1260

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 8, 2017, on the alleyway B in the East Sea, around 18:10 on June 8, 2017, the victim C (15 years) did not ever speak that the relationship between the defendant's female-friendly job offers D and the victim's family offers E is not true.

I think, I am the victim's buck up to the so-called door, let the victim do so, and then let the victim get off three times the part of the victim's ambuck and bucks, which is a dangerous object in the surrounding area (4 cm in thickness, 74 cm in length).

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. The Defendant, at the time, and at the place specified in paragraph 1, thought that the victim E (15) would make a false statement about the Defendant’s relationship with the Defendant’s female-friendly job offers D, the Defendant got off a part of the victim’s head, face, shoulder, etc. with a wooden fluor described in paragraph 1, which is a dangerous object in the surrounding area.

As a result, the defendant carried dangerous articles with the victim about 2 weeks of medical treatment, and put the two main points in order for the victim to receive medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of victim E medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 261, and 260 (1) (a point of special assault and choice of imprisonment with prison labor) of the Criminal Act concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are comprehensively taken into account the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the various conditions of sentencing as set forth in the argument of the instant case.

The favorable circumstances: The fact that one's mistake is divided, the fact that both victims and the first offender have agreed smoothly, and the fact that the first offender is disadvantageous: the fact that the crime is not good in light of the danger of the instrument and method of the crime, etc.