logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.11.06 2020고단1447
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 23:45 on April 2, 2020, the Defendant: (a) followed the elevator of the C8th floor in Suwon-gu, Busan, on the ground that the Defendant was in a fluorial dispute with the victim D (ma, 50 years old); (b) brought the knife knife (the total length of 40 cm, the knife length of 25 cm) before the elevator of the C8th floor in Suwon-gu, Busan; and (c) brought about approximately 20 meters back of the victim’s knife with the left hand.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing seizure of the D’s written statement, police records, photographs of the upper parts of the seizure list, and revolving photographs;

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 for discretionary mitigation;

1. In light of the method or risk of the instant crime, and the fact that the Defendant had been subject to criminal punishment for the same kind of crime even before towing, etc., the Defendant’s criminal liability cannot be deemed to be light of the reason for sentencing under Article 62(1) of the Criminal Act.

However, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances in the records, such as the defendant's mistake, the agreement of the investigative agency with the victim, the degree of injury of the victim is not serious, the fact that the defendant does not have the same criminal record as the defendant exceeds the fine, and the defendant's age, character and behavior, environment, motive or circumstance of the crime, relationship with the victim, means and method of the crime, contents and consequence, and the circumstances of the crime.

arrow