beta
(영문) 창원지방법원 통영지원 2016.11.10 2016고단1095

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 in the C, which is a marine cooperation company for treatment-fishing vessels, and the victim D (20 years of age) is a person waiting in order to join the above company.

On March 29, 2016, at around 22:30, the Defendant, without any particular reason, she drinking alcohol at the accommodation of the above company E in a macroscoping, she called “Ba in a room because she refuses to do so,” and she faced with the head of the victim because she was suffering from an empty disease, which is a thing dangerous to the victim.

In this respect, the defendant carried dangerous objects and put two parts of the treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on the photograph of the case

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. In light of the background and means of sentencing under Article 62-2 of the Social Service Order Criminal Act and the reason why the crime was committed in this case, the defendant's mistake is recognized as not being good, and the defendant's punishment is judged as ordered for the reason that the defendant was determined by considering the defendant's age, character and behavior, environment, means and result that the victim did not want the punishment against the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, means and consequence after the crime.