(영문) 서울북부지방법원 2017.12.08 2017고단4037

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(영문) 서울북부지방법원 2017.12.08 2017고단4037

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 September 5, 2017, at around 20:15, the Defendant stated that “the victim B (the victim, 50 years of age) who was in conflict with the victim was fluorily talked with the victim to see the victim’s mind,” and that “the victim was fluorly fluorly fluorly fluorly fluor, and fluorly fluorly fluorly fluor,” but the victim refused this, the victim’s portable fluorcing fluor (10.5cm in total length, about 5cm in length, about 10cm in total) was fluording the chest part of the victim’s chest at one time, and caused the victim to fluorly fluorly fluor, and caused the victim’s chest to fluor fluor fluor fluor fluor gly fluor h.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs and criminal implements photographs;

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

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the nature of the crime in this case is not less and less severe in light of the background of the crime in this case, the motive of the crime in this case, and the part of the injury, etc. Meanwhile, the defendant confessions and reflects the crime in this case, the defendant seems to have committed the crime in this case in a state of drinking at the time, the defendant's wife appears to have committed the crime in this case with an contingent agreement with the victim in a state of drinking, the victim does not have any criminal punishment against the defendant by smoothly agreement with the victim, and the defendant does not have any criminal punishment except for the defendant who has been subject to suspended sentence due to an injury by around 198.

참조조문

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