(영문) 의정부지방법원 2016.10.19 2016고단3387

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) 의정부지방법원 2016.10.19 2016고단3387

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

At around 09:00 on September 5, 2012, the Defendant suffered injury to the left side of the victim who had a knife knife with the victim E (the age of 45) who is working partner in the D company in Yangju-si, and had a knife knife, which is a dangerous object in the room, while drinking alcohol with the victim E (the age of 45) who had a dispute, and had a knife with the victim who tried to deduct it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of Acts and subordinate statutes stated in a written diagnosis;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence (i.e., the sentencing guidelines are not yet established for the special injury crime under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing guidelines do not apply) Defendant, in knife, sustained the victim by knife. In light of the method of crime and the degree of injury inflicted on the victim, the Defendant’s liability for the crime cannot be deemed to be negligible.

Moreover, the Defendant left China on September 6, 2012, after committing the crime, and went back to China.

(Evidence List No. 11) and the statutory penalty for the special injury of this case is one year to ten years.

However, the sentence of imprisonment shall be imposed in consideration of the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim and that there is no record of criminal punishment in Korea, and the execution thereof shall be suspended

참조조문

유사 판례

-청주지방법원 2019.02.21 2018노1107

-대전지방법원 2021.03.25 2020노4243

-울산지방법원 2016.10.14 2016노884

-수원지방법원 안양지원 2019.08.23 2018고단812

-서울북부지방법원 2019.09.27 2019노1179