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(영문) 인천지방법원 2018.02.08 2017고단8864

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 becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 11. 18. 16:50 경 인천 중구 D에 있는 ‘E 식당 ’에서 직장 동료인 피해자 F(54 세) 외 2명과 함께 술을 마시던 중 이전에 함께 일을 하면서 의견이 일치하지 않아 기분이 나빴던 일에 대해 따져 묻다가 화가 나서 그곳 식당에 있던 위험한 물건인 연탄 집게를 집어 들고 피해자의 머리를 1회 내리쳐 피해자에게 머리를 수바늘 꿰매는 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A photograph of damaged part of the victim, and a photograph of a shot book;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. A judgment is rendered as ordered by taking into account the circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive, means, consequence, etc., and all of the sentencing factors indicated in the pleadings of this case, such as the following: (a) a person prior to and prior to the sentencing of Article 62(1) of the Criminal Act; and (b) a person prior to and after the commission of the act and the result of the crime; (c) a person prior to and after the commission of the act; (d) a person prior to and after the commission of the act; and (e) a person prior to and after the commission