logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.06.13 2019고단1230
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2019, the Defendant: (a) around 21:20, at the residence of the victim C (the 62-year-old) in Daejeon Seo-gu B, Daejeon, the Defendant: (b) had been under the influence of alcohol, suspected of having difficulty with his own denial and wind; and (c) had an open top of the chro (19cc in length) which is a dangerous article possessed by the Defendant on the part of the victim’s face, and had approximately 14 days of treatment to the victim.

The Defendant carried a saw, a dangerous object, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against C (Evidence No. 11);

1. A statement prepared by D (Evidence Nos. 8);

1. Application of statutes to on-site and damaged photographs, and written diagnosis of injury;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction elements of punishment: In the area of reduction [the recommended area, the scope of recommendation punishment], reduction range of punishment, April through one year [the scope of recommendation changed according to the applicable sentencing], imprisonment for six months through one year (the lowest limit of the applicable punishment under Acts); and

2. The Defendant rendered a sentence has committed a saw-to-face (19cc in length of a saw) which is a dangerous object, toward the face of the victim.

If it is wrong, it is not good to commit a crime by doing an act that can see the injured party's name.

However, the victim did not have a serious injury.

The Defendant agreed with the victim immediately after the case.

The defendant has long been punished by a fine for a traffic accident only once.

The above circumstances and the defendant's age, character and conduct, family relationship, motive, means and result of the crime, and the circumstances after the crime are revealed in all the arguments.

arrow