(영문) 서울동부지방법원 2020.12.16 2020고단3319

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(영문) 서울동부지방법원 2020.12.16 2020고단3319

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

The defendant is between the victim B ( South, 49 years of age) and the workplace rent.

At around 17:40 on September 25, 2020, the Defendant, on the front side of the Gwangjin-gu Seoul Special Metropolitan City, made the victim go to the place where the victim was under the influence of alcohol in the company, and made the victim go to the place where he was under the influence of alcohol in the company, and made the victim go to the victim's face, side gate, arms, and breast part of the chest, which is a dangerous object prepared in advance (the total length of 13.2 cm, the length of 2.2 cm).

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

Summary of Evidence

1. The suspect interrogation protocol of the police as to the defendant B's court statement;

1. Application of the Acts and subordinate statutes to damaged photographs and photographs;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. A favorable condition for sentencing under Article 48(1)1 of the Confiscation Criminal Act: A favorable condition in which the illegality of the instant crime is not weak in light of the means of the instant crime and the part of the injury, and the Defendant committed again the instant crime even though he had the record of having been sentenced to a suspended sentence of imprisonment due to the same kind of crime: The Defendant agreed to the offender smoothly with the victim, taking into account the above circumstances, the character and conduct of the Defendant, the background of the instant crime, and the circumstances after the instant crime, etc., the sentence shall be determined as per Disposition, by taking into account all of the factors of sentencing

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유사 판례

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