logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.28 2016고합36
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2015, around 23:10 on September 28, 2015, the Defendant was waiting for interference with the course between the article operating the said taxi and the victim D (55) who was getting a bicycle on a taxi in front of the Seoul Jung-gu Seoul Metropolitan Government.

The Defendant brought a dispute with the victim who was deprived of a taxi and brought the victim to the dispute with the victim, while putting about 11cm in width, about 11cm in length, about 5cm in height, which is a dangerous object in and around the Defendant, and put the victim into the head of the victim, and put the victim the head of the victim on the part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on investigation (to hear witness's statements);

1. Application of Acts and subordinate statutes to photographs damaged by injuries, deadly weapons taken by suspects A;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years;

2. The sentencing guidelines are not applied. 3. Determination of sentencing: Imprisonment with prison labor for 6 months, and the crime of this case for one year of suspended sentence is a dangerous article for the defendant to inflict bodily injury upon the victim by putting the head of the victim, and the quality of the crime is not good in light of the risk of law of crime.

In addition, the Defendant committed the instant crime even if he was sentenced to two times before the previous criminal convictions in the past, and did not recover the damage of the victim, so there is a need for punishment corresponding to the liability for such crime.

However, the defendant recognized the crime of this case and opposed to it.

The defendant, while strifing with the victim, has first caused the victim to commit the crime of this case in excess of himself/herself, and also caused the victim to commit the crime.

arrow