(영문) 서울북부지방법원 2017.05.26 2017고단928

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자간(%)

(영문) 서울북부지방법원 2017.05.26 2017고단928

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 June 21, 2016, the Defendant: (a) around 07:30 on June 21, 2016, when the victim C (the 47 years of age) who was denied at one’s house located in Dongdaemun-gu Seoul Metropolitan Government (the 47 years of age), she frighted to drink, she was frighted to drink, and she was fright to drink at one’s own house located in Dongdaemun-gu Seoul Metropolitan Government; (b) the Defendant fright to the victim’s side glass and left side, and she was fright to the victim’s wall (the 19cm wide, 8cm thick, 5cm thick) which is a dangerous thing, put the victim into two skins of the number of days to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to photographs (the 28th page of the investigation record) of the upper parts of the victim;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The sentencing of Article 48(1)1 of the Confiscation Criminal Act does not relax the nature of the crime of this case in light of the form of the crime of this case and the injury, etc. However, the punishment as ordered is determined by considering the overall circumstances and sentencing guidelines shown in the records and changes theory of this case, including the confession and reflection of the crime of this case by the defendant, the fact that the injured party, who is the wife of the defendant, seems to have want to receive medical treatment rather than punishment against the defendant, and that the defendant has no particular criminal history.

참조조문

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