logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.11.24 2020고단2359
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Although the facts charged of violence are stated as "special assault," it seems to be a clerical error in the facts charged of violence in light of the name of the crime and the applicable provisions of law.

At around 23:10 on March 30, 2020, the Defendant: (a) talked with “E” restaurant located in Seocheon-si D; (b) talked with daily and drinking alcohol; and (c) the victim C (55 years of age) was flicked with a physical disease of plastic material located in the table table while she was flicked by the victim and the victim.

2. The Defendant was suffering from a physical disease at the time, at the place, as described in paragraph 1, at the time, and at the same time, as described in paragraph 1, and the victim B (the 56-year age) who was the first executive of the above C was flick, and flicked the Defendant’s flick, which was the dangerous object of the table table, and flicked the victim’s left-hand head.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the impairment of the character of head and other parts requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police's protocol of interrogation of the police in B, the police's protocol of statement concerning F, and the police's protocol of statement concerning C;

1. Application of Acts and subordinate statutes, such as field photographs (e.g., definites, etc.), field photographs, physical photographs of plastic materials taken by a special assault, photographs of plastic materials, such as victim B, CCTV CDs, and diagnostic documents;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. It is reasonable to issue an order for compensation because the scope of liability for compensation is not clear under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order.

arrow