beta
(영문) 수원지방법원 성남지원 2019.09.25 2019고단1495

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 01:40 on May 19, 2019, the Defendant, within Seongbuk-gu, Sungnam-si B, “C” heading and drinking alcohol with the victim D (n, 50 years of age) in a hacket and talked with the victim D (n, 50 years of age) and caused injury to the victim during treatment days, such as 500cc beer than 50cc beer than that of the victim's head, and 0.3cc teared two cm back to the left side of the victim's head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each internal investigation report and each investigation report;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment for six to five years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. The crime of this case committed under unfavorable circumstances to the decision of the sentence of punishment was committed by the Defendant at the bottom of the body of the first body that the Defendant was fluent at the heart and fluent with the victim of the first body that fluently fluent materials of glass, and the injury was inflicted upon the victim’s upper part of the head. In light of the risk of the commission of the crime,

It is not recognized that there is no agreement with the victim that the victim wishes to punish the defendant because it is not agreed with the victim, and that the defendant has made a serious effort to recover the damage.

The favorable normal defendant recognizes his criminal liability.

The defendant is punished by a fine for property damage in 2009.