(영문) 제주지방법원 2017.06.09 2016고단2449

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(영문) 제주지방법원 2017.06.09 2016고단2449

특수상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2016, the Defendant: (a) around 06:20 on October 15, 2016, the Victim D (Woo, 44 years old, and Gaar) who was the wife at Cda 507, Dacdong 507, was slicking the toilet entrance, and (b) the victim was injured by the victim, such as the head of the other part of the body and the open body of the victim, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of witness D;

1. Application of emergency treatment reports, related photographs, and medical certificates to statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, the following circumstances, shall be considered, and the sentence shall be determined as per Disposition.

The favorable circumstances: The degree of injury suffered by the victim is not very serious; the defendant does not reflect the cause of this case by the victim; the damage to the victim was not compensated or received; according to evidence, it appears that the victim assaulted the victim several times during the marriage relationship according to the fact that the victim filed a lawsuit against the defendant, such as divorce, etc. after the crime of this case, and the defendant's age, environment, and the part not guilty of the circumstances after the crime (the part carrying dangerous articles).

1. Around October 15, 2016, the Defendant: (a) around 06:20 on Jeju-si, Jeju-si, C. C. 507, and the Victim D (Woo, 44 years of age, Hansssa) laid a fluor’s disease on the floor; and (b) inflicted an injury on the victim, such as a head’s other part that requires approximately three weeks of medical treatment, which is open room for the victim.

2. The defendant's testimony of witness D and the police of D, which correspond to this part of the facts charged, are admissible as evidence that the defendant shouldered the victim.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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