logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.15 2018고단3964
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

(b) Crime history;

1. Around February 17, 2018, the Defendant suffered special injury: (a) around the second floor of the building in Jung-gu Seoul, Jung-gu, Seoul, on the ground that the Defendant was in front of the toilet door, and (b) the victim C (3*) committed assault, such as cutting down and pushing down the Defendant’s bridge, thereby causing an injury to the victim’s left side by a shoulder glass bottle, which is a dangerous object in the fast and right shoulder, with the victim’s escape.

2. The injured Defendant, on the ground that the date, time, place, and the victim D (2*)’s fights were prevented, caused the victim’s injury in terms of the number of days of treatment by putting the victim’s right-hand eye in a hole one time, blring the victim’s right-hand eye.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D or C;

1. Each police statement of E and F;

1. Investigation reports (on-site image data reading);

1. Application of the statutes governing photographs, such as photographs of damage resulting from special injury, and articles dangerous to special injury;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with labor);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria;

(a) Where the mitigated area (4-1 years), the mitigated area (including special mitigation), the punishment is not imposed (including serious efforts to recover damage), or considerable part of damage is recovered;

(b) Where the mitigated area (two months to October) of the mitigated area (special mitigation), the punishment not (including serious efforts to recover damage), or considerable damage has been restored to a part of the crime No. 2 (Scope of Recommendation) general injury.

(c)endend by aggravating multiple offenses.

arrow