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(영문) 의정부지방법원 고양지원 2018.06.22 2018고단604

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

The defendant is the victim B (V, 53 years old) and the husband and wife relationship.

On February 19, 2018, the Defendant, at around 16:50 on February 19, 2018, went into dispute with the victim and automobile insurance within the convenience store operated by the Defendant, and came into dispute with the victim.

Nant's life, us to do so

”라고 소리치며 주먹으로 피해자의 좌측 뒷머리를 1회, 얼굴을 1회 때리고 이에 피해자가 넘어지자 위 편의점 카운터에 있던 위험한 물건인 가위( 총 길이 15cm 가량 )를 든 채 피해자의 좌측 옆구리 부위를 발로 여러 차례 밟고, 아랫배를 발로 1회 찼다.

As a result, the defendant carried family cages, which are dangerous goods, and suffered injury to the victim, such as a cage at the left-hand cage in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to household photographs and victim photographs which are dangerous objects;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., and all of the sentencing factors indicated in the instant pleadings, including the following circumstances, shall be considered and determined as ordered.

The favorable circumstances: The defendant's mistake is recognized and reflects the defendant's wrong, the defendant's carrying a secret, which is a dangerous thing, but is not actually used, and there is no record of punishment heavier than that imposed on the defendant. The crime of this case in light of the method of crime is that the defendant carried a secret, which is a dangerous thing, and caused injury to the victim. The degree of injury suffered by the victim is not easy.