logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.23 2018고합209
폭력행위등처벌에관한법률위반(상습특수상해)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

(a)an injury;

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of D or E (or some legal statement);

1. Statement made by the police with regard to F;

1. Photographs;

1. A written diagnosis of injury;

1. Previous conviction: Inquiry about criminal history, report on investigation (verification of the past record of the same punishment, crime during the period of the same repeated crime) and application of the statutes of Part 9 of the judgment;

1. Article 2 (3) 3 and (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 20 years;

2. The scope of the recommended punishment according to the application of the sentencing guidelines [type determination] shall be subject to the sentencing guidelines prior to the revision because the case is prosecuted before August 15, 2018, because the serious injury (the area of recommendation and the scope of the punishment), the aggravated area of the aggravated injury (the scope of the recommendation and the scope of the punishment), the imprisonment with labor for not less than three years, but not more than five years (the period of the punishment).

3. Determination of sentence: One year and six months of imprisonment with prison labor has many records of criminal punishment for violent crimes, such as injury, and it is not good that the Defendant committed the instant crime even though he/she committed the instant crime even during the period of repeated crime.

As a result of the instant crime, the victim suffered serious injury of eight weeks in total.

The damage recovery or agreement has not been reached, and the victim wishes to punish the defendant strongly.

These circumstances are disadvantageous to the defendant.

The defendant is against his criminal act, and is constantly endeavoring to reach an agreement with the victim.

The Defendant paid the part of the medical expenses for victims to the National Health Insurance Corporation as the amount of indemnity.

These circumstances are favorable to the defendant.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc.

arrow