(영문) 서울남부지방법원 2018.01.17 2017고단5599

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굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.01.17 2017고단5599

특수상해

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around 23:00 on November 4, 2017, the Defendant: (a) sent alcohol at the packaging end in Yeongdeungpo-gu Seoul Metropolitan Government C, and (b) sent the victim D ( South, 48 years of age) who was a side table, sent the victim’s bath to the victim, and took the victim’s bath, and (c) opened the victim’s face to the victim, such as bed and fright, which is dangerous things in the kitchen of Yeongdeungpo-gu Seoul Metropolitan Government E, while drinking alcohol at the packaging end in Yeongdeungpo-gu Seoul Metropolitan Government C, and opened the victim’s face at one time, and the victim’s left part, such as bed and fright, who was living in the packing end, and the Defendant’s living in the Yeongdeungpo-gu Seoul Metropolitan Government E, changed from the packing end to F, and opened the victim’s face at three weeks of treatment, such as bed, by taking the victim’s loss at the port of the victim.

The Defendant inflicted an injury upon the victim by carrying such dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of police seizure - Inventory of seizure;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. A favorable condition is that confessions and reflects the reason for sentencing under Article 48(1)1 of the Criminal Act, and that there is no record of criminal punishment in the Republic of Korea.

However, there was an injury on the part of the defendant who could be injured, and there was an injury with the victim.

However, there is a special circumstance to consider the circumstances leading to the commission of the crime inasmuch as the victim was found to have committed a crime by knife and finding a victim again even though he/she left the scene without standing the scene.

Considering the fact that it is difficult to see, that damage is not completely recovered, it is necessary to punish the defendant strictly.

Therefore, the punishment is determined as ordered.

참조조문

-형법 제48조 제1항 제1호

-형법 제257조 제1항

-형법 제258조의2 제1항

유사 판례

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