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(영문) 인천지방법원 2018.05.16 2018고단1172

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On January 27, 2018, around 20:55, the Defendant: (a) determined that the Defendant was a person who sent the Victim D (26 years old) instead of the said D D D (26 years old) on the ground that he did not take any subsequent measures against the C office located in Seo-gu Incheon Metropolitan City, Seo-gu; and (b) caused the Defendant to inflict on the victim two occasions the victim’s head by using the tetra lease pipe, which is a dangerous object, the injury of the stetrae, where there is no two mains open for two weeks of medical treatment.

2. A special intimidation: (a) the Defendant sent the victim a bodily injury to the victim; (b) sent the door to the office; (c) sent the victim the door to locked; and (d) taken off the office glass of the office using ice lease pipe, which is a dangerous object; and (d) threatened the victim by threatening gasoline, which is a dangerous object, to spread it to the floor of the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification to a department related to reporting 112 cases;

1. A report on investigation (special injury, special intimidation);

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation and choice of imprisonment with labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act is as follows: (a) the Defendant’s nature is not good in light of the background, content, and risk of each of the instant crimes; (b) the Defendant’s reflects each of the instant crimes; (c) the degree of injury to the victim is relatively heavy; and (d) the Defendant’s serious disorder, such as emulsion, mixed apprehension, and depression.