(영문) 의정부지방법원 2017.10.18 2017고단3633

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Reasons

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자간(%)

(영문) 의정부지방법원 2017.10.18 2017고단3633

특수상해

Text

A defendant shall be punished by imprisonment for six 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 July 14:25, 2017, the Defendant damaged the victim’s buckbucks that require approximately 4 weeks of treatment to the victim on the ground that the victim was find from the injured while drinking alcohol together with the victim D (56 tax) in front of the Nam-si, the Defendant got find.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Investigation reports (the degree of injury to the victim), records of seizure and list of seizure, descriptions of photographs, and application of video-related Acts and subordinate statutes;

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 48(1)1 of the Confiscation Criminal Act (i.e., the sentencing criteria are not applied since the sentencing criteria are not yet prepared for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).

The risk of the instant crime by excessive use was significantly high.

In addition, the crime of special injury in this case requires the sentence of imprisonment to the defendant, since only the statutory penalty provides imprisonment, and the lowest sentence is one year.

However, the punishment shall be mitigated and the execution thereof shall be suspended by taking into account the fact that the defendant is living against the confession of the crime, that there is a previous conviction of the fine, that there is no previous conviction of the suspension of execution or more, that the victim does not want the punishment (43 pages of evidence record).

참조조문

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