(영문) 서울북부지방법원 2018.05.03 2017고단5651

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.05.03 2017고단5651

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 19, 2017, around 02:45, the Defendant ordered the victim D (Woo, 51 years of age) in Jung-gu Seoul Metropolitan Government to pay the alcohol and alcohol with his/her credit card, but the Defendant paid the alcohol value excessively.

In this regard, an empty disease, which is a dangerous object located in a beer, is collected, and an empty disease is collected, the head of the victim is cut one time, and the victim who seeks to report escape within the room, she gets off the head of the victim one time due to an empty beer disease, and the escape of the victim gets off the head of the victim one time due to an empty beer disease, and then the escape of the victim gets off the victim one time due to another empty beer, and the victim suffered injury, such as the damage of twice the number of days of treatment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (Attachment of photographic data of the victim's assault);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate submitted by the victim);

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of damage are the cases where the Defendant’s assault suffered a great physical and mental damage due to the small amount of injury.

Punishment shall be imposed in consideration of the seriousness of the case.

However, the punishment as ordered shall be determined by taking into account the following circumstances: the defendant recognized a crime and reflects the fact that he/she has committed a crime, and partially deposited compensation, the fact that there is no record of crime other than minor criminal records, and the defendant's age, sexual conduct, motive and means of a crime, and circumstances after a crime, etc., and the various sentencing conditions specified in the process of trial,

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

-형법 제258조의2 제1항

유사 판례

-서울남부지방법원 2015.12.15 2015고단3740

-서울남부지방법원 2016.09.28 2016고단3364

-창원지방법원 2019.08.13 2019고단1743

-부산지방법원 2015.11.25 2015고단3986

-창원지방법원 2016.05.11 2016노511