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(영문) 청주지방법원 제천지원 2017.02.16 2016고단515

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of the site of D and seven bridge repair works, which are in progress in Incheon City, and the victim E(52) is the body of the above construction site.

On November 14, 2016, at the same construction site, the Defendant, who received the Defendant’s work order at the above site on November 17:35, 2016, had brooms (160cm in length) with brooms (160cm in length) which were dangerous objects of brooming and brooms (160cm in length), caused damage to the victim’s brooms that require two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Ascertainment of a medical certificate (E), a medical expenses invoice, and the details of medical treatment of victims;

1. Application of the Acts and subordinate statutes on photograph description;

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. Determination of the sentence as ordered by comprehensively taking account of the following conditions of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing) and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

The fact that brooms, which are dangerous objects, led to the price-oriented play of the victim, which is highly dangerous, confessions and reflects the risk of the act, the victim does not want the punishment of the defendant by smoothly agreement with the victim, and there are no other criminal records except that sentenced to a fine by a violation of the Punishment of Violences, etc. Act on 192.