(영문) 인천지방법원 2018.11.09 2018고단6187

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줄 간격

자간(%)

(영문) 인천지방법원 2018.11.09 2018고단6187

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On August 21, 2018, at around 20:45, the Defendant 20:45, living together with the male-friendly arrest victim C(32) of the Defendant in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, the Defendant saw the victim as “Nara” on the ground that the victim had a right dispute before the victim, and caused the victim to do so, the Defendant saw that the victim would have a fighting, and that the victim would try to get the victim to get the victim's right at the time of treatment. However, the Defendant flicked the victim's body, the victim flick, and the victim flick the victim's left arm, and the victim's flick and the victim flick the victim's emotional damage to the end of the above arms in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A photograph of the damaged site, a ctv course and a statement of opinion on medical treatment;

1. Application of Acts and subordinate statutes on seizure records;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the aggravated area (one year to three years) (one year to three years) (excluding the types of special aggravated injury) of the increased area;

2. The Defendant appears to have led to the confession of crimes and reflect his mistake.

The defendant seems to have relied excessively on the victim because there is no place to know after entering the Republic of Korea through China as North Korean defectors.

The criminal defendant shall not be deemed to have been originally planned to commit the crime.

The Defendant had no record of punishment in addition to punishment of a fine once due to the offense of insult, etc. before the instant case.

However, the crime of this case is committed by the defendant with the left part of the victim's left part by the defendant, and the crime of this case is not very high in light of the risk of the criminal implements, the method of committing the crime, etc.

As a result of the criminal act of the defendant, the victim is the father-ney of the defendant.

참조조문

-형법 제48조 제1항 제1호

-형법 제257조 제1항

-형법 제258조의2 제1항

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