(영문) 대전지방법원 서산지원 2021.03.25 2020고단1293

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) 대전지방법원 서산지원 2021.03.25 2020고단1293

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 4, 2020, at around 22:00, the Defendant expressed the victim D (the remaining, 43 years old) in front of the restaurant C, the Defendant brought a bath to the Defendant-friendly E in front of the restaurant C (the remaining, 43 years old) and flabed the fage, and flabed the head of the victim one time with the beer disease, which is a dangerous object, led the victim to the need for treatment for about 21 days.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a written examination of bodily injury to the CCTV images taken by the police in the field of the case of the police statement concerning D;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant prices the victim's head head with beer's disease and caused bodily injury such as tearing about 5 cm by the victim's head, and the crime is not good in light of the form of action and degree of damage.

The defendant, as a result of another beer's disease, committed an act that seems to be able to commit the victim.

The Defendant was unable to receive a letter from the injured party.

However, in full view of the fact that, in the process of vision, such as the victim and the bath, it is deemed that the drunk defendant committed a somewhat contingent crime, the reflective fact, the defendant seems to have been endeavored to recover damage, and the defendant has no record of violence except that he was punished by violence before 20 years, it is more desirable to take the action of suspending the execution.

The decision is judged.

참조조문

유사 판례

-서울동부지방법원 2019.06.12 2019고단1025

-수원지방법원 안산지원 2015.06.25 2015고단382

-대구지방법원 서부지원 2014.06.27 2014고단598

-전주지방법원 2017.10.13 2017고단1470

-창원지방법원 진주지원 2014.06.25 2014고단397