logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.01.19 2016고단4225
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2016, the defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Incheon District Court on November 3, 2016, and the judgment became final and conclusive on the 11th of the same month.

At around 00:30 on September 4, 2016, the Defendant: (a) performed drinking together with the Victim D (56) on September 4, 2016, the Defendant: (b) caused the victim’s desire to the Defendant’s wife; (c) caused the beer residues, which is a dangerous object in the table, on the part of the victim’s body; and (d) caused the victim’s face to take part of the victim’s face; and (e) caused the victim to take part in drinking, the Defendant took up two boxes open to the victim for treatment for about 20 (20) days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and F;

1. Description of the written diagnosis of injury;

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes in one copy of a reply to inquiry, such as criminal history, and one copy of a judgment, and one copy of a case search result;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The case subject to sentencing guidelines, which falls under the latter part of Article 37 of the Criminal Act for the reason of sentencing under Article 62-2 of the Social Service Order Act, falls under the single concurrent crimes, is subject to sentencing guidelines, taking into account all the circumstances, including the following: (a) the sentence of imprisonment with prison labor is imposed on the defendant in consideration of the fact that the defendant committed an injury to the victim, and the degree of injury suffered by the victim, and the degree of injury is not less than that of the victim; (b) the defendant shows an attitude against the crime in this case; (c) the victim was charged with medical expenses of KRW 3 million after the prosecution was made; (d) there was no criminal history other than fines before the judgment; and (e) the case was tried simultaneously with the case.

arrow