(영문) 광주지방법원순천지원 2020.10.22 2020고단1552

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원순천지원 2020.10.22 2020고단1552

특수상해

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above sentence is imposed on the Defendants for two years.

Reasons

Punishment of the crime

1. At around 09:30 on June 10, 2020, Defendant A: (a) while riding a bicycle in a marina tunnel in which the victim B ( South and 51 years old) was engaged in removing scambling in the course of blocking traffic, Defendant A carried a bicycle, which is a dangerous object for the victim’s face one time by cutting off the bicycle hand, carried the bicycle on a part of the victim’s right shoulder; and (b) the victim scambling the right shoulder for two weeks to the right shoulder part of the victim’s right shoulder.

2. At around 09:30 on June 10, 2020, the Defendant examined the floor in which the victim A (the South and the age of 52) suffered an injury as referred to in paragraph (1) in a marina tunnel, which is located in the 46-day sea-based sea-line, and the victim’s shoulder was used one time, and the part of the victim’s shoulder was pushed down with the Defendant’s shoulder part, thereby getting the victim’s shoulder up to the part of the Defendant’s shoulder, thereby causing the victim to suffer an injury in detail at the bottom of the right frame requiring treatment for about seven weeks.

Summary of Evidence

1. Defendant B’s legal statement

1. A statement made by Defendant A to the effect that he/she takes the victim’s face at one time by drinking only within this Court and that he/she takes the bicycle to the victim;

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Application of C’s written diagnosis, injury diagnosis, and receipt-related Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Discretionary mitigation;

1. Defendants in the suspension of execution: Article 62 (1) of the Criminal Act (i.e., Article 62 (1) that the Defendants do not want punishment against the other party; the Defendants reflect their mistakes; in the case of Defendant A, there is no same criminal power and there is no criminal power exceeding fines in the case of Defendant B

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

유사 판례

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