logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.02.06 2017고단5271
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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, 2017, the Defendant, in the greenhouse located in Young-gun B, Namnam-gun B around 21:0 on July 14, 2017, was taking four times the head part of the victim’s head by the instant instant cup, which is a dangerous object that was under the influence of alcohol, without any particular reason, while drinking as the Defendant’s friendly victim C (SP). The Defendant took five times the head part and the first half part of the Plaintiff’s head.

In this respect, the defendant carried dangerous things and inflicted bodily injury on the victim for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes to records of emergency department treatment;

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 to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

(a) Unfavorable conditions: The fact that there was a record of punishment for three times by violence before the instant case, and the crime of the instant case is bad quality by causing bodily injury to a pro-Japanese victim as a machine;

(b) Conditions favorable to the defendant: The defendant has no record of the suspension of execution or heavier punishment in addition to four times of a fine, and the injury suffered by the victim is not deemed significantly serious, and the victim does not want the punishment of the defendant in agreement with the victim, etc.;

C. The Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence of the instant crime, circumstances before and after the instant crime, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, were considered.

arrow