logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.03.30 2016고단5105
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 July 14, 2016, at around 22:30, the Defendant: (a) carried out a physical fighting on the front of the D convenience store located in Gwangju-gu, Gwangju-gu, on the ground that the victim E (57 cm) would make a speech to ignore himself; (b) the Defendant left the left-hand side of the victim’s left-hand side of the knife, which is a dangerous article in possession of the remainder of the interested household (13.5 cm in total length and 6.5 cm in length of the knife).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as set forth in the Disposition shall be determined by taking into account the following circumstances: (a) the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions of sentencing as shown in the pleadings of the instant case.

불리한 정상: 피고인이 먼저 피해자의 빰을 때리며 폭행을 시작하였고, 평소 휴대하고 다니던 칼로 피해자를 찔러 자칫하면 심각한 결과가 발생할 수 있었다.

The favorable circumstances are confessioned and reflectd.

The degree of injury suffered by the victim is not severe.

The victim does not want to be punished by mutual consent after paying medical expenses and mutual agreement.

There is no previous conviction or fine heavier than that of the same criminal offense or fine.

arrow