(영문) 서울북부지방법원 2019.08.29 2019고단1625

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.08.29 2019고단1625

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:10 on May 2, 2018, the Defendant: (a) 01:10 on May 2, 2018, the Defendant, while under the influence of alcohol, talked with the victim D (the age of 80) who was the Defendant’s mother to E, who was the birth of the Defendant without the Defendant; (b) ambling the victim’s face and body in drinking; and (c) ambling the victim’s face and body in drinking; and (d) knick (the total length of 37 cm, the knth length of 23 cm) with a food knife (the knife) which is a dangerous object that continued in drinking; and (e) ambiated with the victim’s face; and (e) knifed the victim’s knife with the victim’s knife with the victim’s face, had the victim’s knifed the victim’s k.

Accordingly, the defendant carried dangerous things and inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of each statute on photographs;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had already been sentenced to suspension of indictment due to the crime of injury, etc. to the victim who is still in existence, the crime of this case is committed, etc. that is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive for the crime of this case and circumstances after the crime, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions, such as the fact that the victim does not want the punishment of the defendant, and the family conditions of the defendant are deemed to

참조조문

-형법 제62조 제1항

-형법 제257조 제2항

-형법 제258조의2 제1항

유사 판례

-광주고등법원 (전주) 2018.02.06 2017노222

-대전지방법원 2019.07.23 2019고정594

-서울서부지방법원 2016.01.20 2015고합309

-수원지방법원 안산지원 2018.04.17 2018고단641

-부산지방법원 2019.05.31 2019고합118