(영문) 창원지방법원 통영지원 2016.02.18 2015고단1071

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자간(%)

(영문) 창원지방법원 통영지원 2016.02.18 2015고단1071

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 02:00 on June 24, 2015, the Defendant searched at the victim D(48) house of 2:305 Dong Dara Dara 305 on the same day, and asked the victim to lend 50,000 won during drinking, but on the ground that the Defendant refused to provide drinking, she suffered bodily injury, such as the part of the victim’s head, two times due to an empty cattle, which is a dangerous object, and the part of the victim’s head, two times, and the part of the part of the victim’s head, which is a part of the part of the victim’s left side, was taken several times, and caused the victim to suffer bodily injury, such as the part of the pelus 1 (the left side, 5,6, 7, 8, 9).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports of damage scene;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentencing conditions of the instant case, including the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, shall be comprehensively taken into account, and the sentencing conditions as set forth in the text shall be determined.

3. Unfavorable circumstances: A favorable circumstances such as the fact that the victim's head was injured by a dangerous object, the degree of injury of the victim was not less severe: the fact that the victim agreed smoothly with the victim, the fact that the victim was caused to commit a contingent crime by somewhat interested in the dispute with the victim in the course of booming with the victim, his mistake is repented and reflected, and there is no special criminal conviction except for those sentenced to a fine due to the crime of the same kind in 195.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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