logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.16 2016고단8827
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. On November 10, 2016, around 13:30, Defendant A brought an injury on the part of the victim G (35 years of age) who had a billiard in the surrounding area on the ground that there was no brucation between workplace club B and drunk, etc., Defendant A brought an injury on the part of the part of the victim’s face, etc. requiring approximately two weeks of medical treatment to the victim on the ground that he/she met the victim G (35 years of age) who had a billiard in the surrounding area.

2. Defendant B, at the above time and place, and on the ground that there was no misunderstanding between the victim A (45 years old) and the drunk, Defendant B committed assault against the victim on the part of the victim’s face by taking advantage of the front hole, which is a dangerous object in his/her hand, twice the victim’s face face, making one time the victim’s bridge back with the dangerous object.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) (a) of the Criminal Act

B. Defendant B: Articles 261 and 260(1) of the Criminal Act (the occupation of special assault and the choice of imprisonment)

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances);

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following normal consideration):

1. The reason for the sentencing of Article 62-2 of each Criminal Code, Article 59 of the Act on the Protection, Observation, etc. of the Criminal Code [the scope of recommending punishment] was amended and the Defendants did not apply the sentencing criteria (the sentencing order] along with the revision of the law. The Defendants inflicted an injury or assault on the other party or the surrounding party by using the party itself or the party debt, etc.

However, the Defendants generally divided and reflect the case, the contingency background of the case, the agreement between the Defendants was reached, the circumstances after the crime, and the degree of damage (special injury).

arrow