beta
(영문) 수원지방법원 안산지원 2020.01.17 2019고단3946

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 of the final judgment.

Reasons

Punishment of the crime

At around 15:50 on June 23, 2019, the Defendant: (a) brought the victim D (manam and 49 years of age) with the victim’s head on his hand, who is a dangerous thing for the reason that the victim D (mari and 49 years of age) cannot memory himself; (b) brought the victim’s head on his hand; and (c) brought the victim’s head on his part of the part of the victim’s inside and outside of the body due to drinking and growth.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A report on the occurrence of an injury and a report on the internal investigation;

1. Application of on-site photographs and Acts and subordinate statutes concerning 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: The following shall be determined by taking into account the following factors: The circumstances that are favorable to the nature of the offense in light of the victim’s degree and degree; the recognition of the offense; the agreement with the victim; the fact that there is no record of criminal punishment exceeding the fine in Korea; and the Defendant’s age, character and conduct, environment, motive and circumstance of the offense; and the circumstances after the commission of the offense.