(영문) 의정부지방법원 고양지원 2018.04.13 2018고단405

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2018.04.13 2018고단405

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On February 15, 2018, 02:20, the Defendant: (a) the victim F (32 years) was a person of the same nationality as the interest at the workplace at the time of a dispute between the Defendant and the head of the site office, who was a victim F (32 years of age) of the same nationality as that at the time of the dispute, without his/her own letter, made a assault against the victim and the victim who was suffering from the fright of drinking alcohol at the site; (b) the victim and the victim who was suffering from the fright of drinking alcohol at the site; and (c) the victim was frighted with a assault from the victim with the fright of drinking alcohol at the site; and (d) the victim was frighted with a dangerous object on the TV fright at the site (21cc in total, 11ccm in length, knife, kniff, and the back part of the port part of the victim for about 4 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including the G statement part);

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. On-site photographs (influence of victims, etc.);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant recognized the crime of this case and reflects his mistake, and that the victim does not want the punishment by agreement with the victim, etc. is favorable to the defendant.

On the other hand, in light of the risk of excessive use by the defendant, the number of times and parts of the defendant, etc., the crime of this case is very poor, and the degree of injury of the victim is not somewhat weak.

In full view of the above circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing as shown in the previous theories, the punishment as ordered shall be determined.

참조조문

-형법 제48조 제1항 제1호

-형법 제257조 제1항

-형법 제258조의2 제1항

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