(영문) 수원지방법원 안양지원 2018.06.27 2018고단113

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안양지원 2018.06.27 2018고단113

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

On December 25, 2017, the Defendant was at the home of the Defendant located in the Manan-gu B and 102 at Ansan-gu, Mayang-gu, Mayang-si on December 25, 2017, and the Defendant was at the victim C (48 tax) and Mabro, who would only go.

However, on the ground that the victim intends to go through the kitchen, he / she saw the victim's head by having a watch (No. 1), which is a dangerous thing in the kitchen, and three times with the above room, and the victim gets the head of the victim's head by taking the above room, the victim's defect in his/her attempt to deduct the above room, the victim's gate (No. 2) which is a dangerous thing in the kitchen, and the victim puts the victim's head room by taking two times the part of the victim's head room with the above room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on records of seizure and lists of seizure;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The community service order under Article 62-2 of the Criminal Act;

1. The sentencing of Article 48(1)1 of the Confiscation Criminal Act is in light of the motive of the crime, the risk of the method of the crime, the background and content of the crime, and the number of violent crimes, etc. However, the Defendant’s wrongness is not much severe, the victim’s injury does not want the punishment against the Defendant, and various sentencing conditions, including the Defendant’s age and sexual behavior, should be taken into account.

참조조문

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