logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.05.17 2016고단1342
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 August 9, 2016, the Defendant met the victim C (55 years of age) who is a construction business operator at the market parking lot located in Chuncheon-ro 282, Chuncheon-ro 1, Chuncheon-ro, 282, and talked about the situation that the construction work was interrupted by the Defendant’s request to the victim, and the injured party changed the value of the steel bars, while the injured party changed the value of the steel bars to the Defendant, the Defendant was not 4.5 million won per month.

“A defect, under the influence of alcohol, the victim told himself/herself that he/she was a salking, and as a result, the victim’s face was a dangerous object, i.e., salked and faced with the victim’s face. On a single occasion, the victim’s left head was placed at approximately two weeks of treatment, and the victim was placed at the left her heart and ear so on.

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 C;

1. On-site photographs of violent incidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (Article 53 and 55(1)3 of the Criminal Act ( Taking into account the following factors in sentencing favorable to the accused):

1. Article 62 (1) of the Criminal Act on the stay of execution (the following factors have been repeatedly considered for sentencing favorable to the defendant);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is an element of sentencing unfavorable to the defendant, such as the following: (a) the nature of the crime is very poor; and (b) the fact that the defendant has many records of having been punished as violent crimes.

However, the fact that the defendant seems to have recognized all of the crimes of this case and reflected, that the defendant had no record of being punished as a long-term violent crime in this case since 2002, and that the degree of damage to the victim is not significant, and that the victim does not want to be punished by the defendant due to the smooth agreement with the victim.

arrow