(영문) 서울남부지방법원 2020.11.04 2020고단1527

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(영문) 서울남부지방법원 2020.11.04 2020고단1527

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 17:00 on January 26, 2020, the Defendant, at the house of Guro-gu Seoul Metropolitan Government building B and C, and the house of high-friendly arrest D in China, was drinking together with the victim E (54 years of age). The Defendant, “The Defendant, at the request of the son in China, lent KRW 700,000 to the son in China, she left the head of the said victim by misunderstanding that the Defendant was a dangerous object in drinking.”

As a result, the defendant showed the heat that the victim can tear the condition of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Medical certificates, etc.;

1. Application of Acts and subordinate statutes on injuries, photographs;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution states that the defendant did not want to be punished as a trend-friendly tool with the belief that the defendant would be well resolved by the investigation agency, but later, the defendant asserts that there is no money after being released from the investigation agency and that it cannot be seen that there is no money, and that there is no contact with the defendant, and thus, the defendant requests a strict punishment.)

However, the punishment shall be determined in consideration of the overall conditions of the arguments of the defendant, including the confession of the defendant, the fact that the defendant appears to be a contingent crime, the fact that there is no criminal record in Korea, the fact that the defendant is against confinement life for a considerable period of time, and the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2

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