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(영문) 서울동부지방법원 2016.04.07 2016고단131

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

On December 21, 2015, the Defendant: (a) was working at the construction site of Gangdong-gu Seoul Metropolitan Government, for the purpose of spreading water to the floor that does not cause dust, and (b) caused the victim D (56 tax) who works for the same field as poke stacks in the same field to be interfered with the victim’s face; (c) when the victim’s face is taken by the string of the hazardous pipe material, which is a dangerous object, the Defendant laid the victim inside the right side and the inside of the autopsy, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes of photograph, diagnostic certificate, investigation report;

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are several times, and there is a high need for punishment in that the victim’s face is injured by a spher of the hack pipe material, which is a dangerous object.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognized the crime and is in profoundly against the defendant, and other various sentencing conditions such as the defendant's age, sex, environment, background, means and result of the crime, relationship with the victim, and circumstances after the crime.