logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.11.20 2017고단4234
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, around 01:00 on August 19, 2017, states that the Defendant drinks alcohol together with the Defendant to the Victim D (54 tax) within the packaging jumbs located in front of Seoul Northern-gu Seoul, Gangnam-gu C around 01:00.

A saw saw-to-face (total length: about 40cm, about 19cm length: about 19cm)(No. 1)(No. 1)(No. 1)(a saw-to-face-to-face-to-face-face-to-face-face-to-face-face-to-face-face-to-face-face-to-face-face-face-to-face-face-face-to-face-face-face-to-face-face-face-face-face-to-face-face

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning a protocol concerning suspect examination of the police against D;

1. Protocols of seizure and list of seized articles, photographs of seized articles, investigation reports (criminal tools and photographs of damaged parts), and application of video-related Acts and subordinate statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (i.e., the sentencing criteria are not applied since the sentencing criteria are not yet prepared for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).

The risk of the instant crime by using a saw saw was significantly high.

In addition, in the special injury crime, only imprisonment is prescribed as a statutory penalty, and the lower limit is one year, so the defendant should be sentenced to imprisonment.

However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the fact that the defendant led to the confession of the crime, that there is no record of criminal punishment in Korea, that there is no injury inflicted on the victim, that the victim does not want the punishment (the page of evidence record 28).

arrow