logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.01.27 2020고단5032
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 21, 2020, the Defendant: (a) around 20:46, at “C cafeteria” on the 1st floor of the Sejong-Class B building, the Defendant got in contact with the victim on the ground that the victim was unbured, while drinking the victim D ( South Korea, 43 years of age) and drinking; (b) continued to be in contact with the victim on the ground that the victim was burged, and (c) continued to have the earth and sand and stroke lease diseases, which are dangerous objects, were in the order of toward the victim; and (d) caused the victim to be in contact with the victim’s head, eye, and ear respectively, and caused the victim to undergo approximately two weeks of 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. Written statements of D;

1. Application of field photographs, written diagnosis of injury, and Acts and subordinate statutes governing crimes;

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;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] the scope of the recommended punishment [the type] of special injury and repeated injury [the person subject to special sentencing] - Special injury [the person subject to mitigated punishment] - The elements of mitigation: the scope of mitigation [the area of recommendation and the scope of recommendation], the scope of mitigation [the scope of mitigation], the period from April to one year [the person subject to general sentencing]] [the grounds for suspended sentence] - The major reasons for suspended sentence - No person not subject to suspended sentence or heavier than the general reasons

2. Determination of sentence;

(a) Unfavorable conditions: The person recommits again the crime of this case without being aware of the history of punishment for violent crime even though it was possible;

B. favorable conditions: The recognition of the crime of this case reflects the mistake, there is no record of punishment exceeding the fine, and the victim does not want the punishment against the defendant by agreement with the victim.

C. The Defendant’s age, sex, environment, and Defendant’s committing the instant crime.

arrow