logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.22 2019고단7679
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, B, and the victim C (the age of 46) are mutually friendly friendly as the ship patriarche of Chinese nationality, which is the birth of Chinese talyticity.

On September 29, 2019, at around 01:45, the Defendant, while drinking alcohol together with the above building D in Yeongdeungpo-gu Seoul, and the second floor EM located in the EM, he took the above victim into the EM to the above EM, and combined it with the victim, and the victim had the word “honing” to B and B, who had not good appraisal. When the victim was defective, the Defendant saw the knife knife knife ( approximately 13 cm in total length, approximately 8 cm in daily length) which was a dangerous object in the bednife machine, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement by the prosecution against C;

1. The statement of each police officer made to F and G;

1. A criminal investigation report and an investigation report (a victim's analysis on the standing part of the victim);

1. Application of Acts and subordinate statutes to each photograph and diagnostic document;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Application of the sentencing criteria (Scope of recommending punishment), special injury and injury by repeated crime: Type 1 (Special Injury by Bodily Injury) (6 to two years) does not exist;

2. According to the sentence decisions, the sentence is to be imposed in full taking account of all the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The defendant has inflicted an injury on the victim several times by a knife, which is a dangerous thing, and the crime is not good in light of the method and risk of the crime, and is advantageous to the fact that the victim did not receive a knife: the crime is committed.

arrow