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(영문) 제주지방법원 2018.06.27 2017고단2886

특수상해

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

On June 16, 2017, at Jeju Island B, around 18:25, the Defendant received a demand from the victim C (54 years of age) who was employed by the Defendant at the construction site to pay the pushed-out wage, and went beyond the floor by putting the victim’s shoulder with his hand, and continuously kneeing the victim’s kne and knee on her chest, so that the Defendant could not come up with the victim’s kne and knee with his kne, and then, the Defendant saw a small saw (22 cm in total, 93 cm in length) which is a dangerous object, and throw away this kne and kne as a knef of the victim’s kne.

As referred to as "the victim suffered bodily injury, such as the diversary land of the water that requires approximately four weeks of medical treatment, and the cutting of the aggregate of the water in possession."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

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

1. 112 A list of reported cases;

1. Photographs of damage caused by violence, photograph of the victim, or a deadly weapon (a saw) taken by intimidation;

1. The Defendant asserts that the Defendant did not dance in the items of the damaged person’s small saws, as well as in his hand, the key at the time of committing the instant crime.

However, in full view of the contents of the victim's statement and the witness's statement revealed in the evidence in the judgment, the defendant can be recognized as committing a crime using a small saw as stated in its holding

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant's reason for sentencing is contrary to the recognition of the crime as a substitute.

A written agreement between the defendant and the victim was submitted to the investigation agency.

However, the degree of injury of the victim is not weak.

When formulating the above agreement, the degree of injury of the victim was not clearly revealed, and the victim is the victim.