logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2018.09.19 2018고단366
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2018, at around 19:00, the Defendant sent a coffee order to the “C Party” operated by the Victim D (Y, 49 years of age) in the “C Party B,” which was located in the C Party B, on the ground that he did not have been employed by the desired employee, and then returned coffee to the victim, and then, while he had sexual disputes with the victim who resisted the order, he took about about 14.5 m in length, the Defendant took the shoulder and part of the victim’s shoulder, which is a dangerous object in the Republic of Korea, into his hand, and took about 14-day medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (an investigation into the party-gu curies used by the person under investigation for violence);

1. Photographss of violence damage, pictures of the scene of the incident, and photographs of the party concerned, such as the oral engineering;

1. Application of Acts and subordinate statutes to medical records, such as a medical certificate of injury;

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 (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (recognisive circumstances among the following grounds for sentencing) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The sentencing criteria for special injury under Article 258-2 of the Criminal Act are applied from the case charged after August 15, 2018 to the instant case (prosecution on June 28, 2018), but are not applicable to reference.

[Determination of Kind] Class 1 (Special Sentencing) (Special Sentencing) of the Act on the Injury of Cumulative Assaults in Violence (Special Sentencing) (The scope of recommending punishment) [The scope of recommending punishment] 4 months to one year (the scope of mitigation)

3. Determination of sentence: The degree of injury inflicted by the defendant for a period of two years under a suspended sentence of six months is not more severe; the defendant agreed with the victim; the defendant has no record of having been sentenced to imprisonment without prison labor or heavier punishment; and all of the defendants recognize and reflects the crimes;

arrow