beta
(영문) 의정부지방법원 고양지원 2019.01.23 2018고단2956

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Around 13:00 on July 24, 2018, the Defendant: (a) was in a construction site of “C” located in “C” in “Pariju-si B; and (b) was in a construction site for the reason that the victim D (37 years of age) working as a daily worker does not follow his/her work instructions; (c) laid the victim’s shoulder with his/her hands, cut the victim’s shoulder with his/her hand, cut the victim’s shoulder with his/her hand, cut his/her hand, arms, etc. (1m in length); and (d) laid down the dangerous pipe (1m in length) putting the victim with his/her towards his/her hand; and (d) placing the victim with his/her shouldered by another worker, which is a dangerous thing near the other worker, and throke (1.5m in length) with the victim’s shoulder at his/her own site; and (d) taking the victim’s 3-day medical treatment, e.g., typin and tension part below.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Bodily damaged part of the victim and photograph of the criminal tools;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of an injury diagnosis certificate) and an injury diagnosis certificate attached thereto;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62(1) of the Criminal Act (recognition of reasons for discretionary mitigation) of the suspended sentence [the range of recommending punishment] In the mitigated area of special injury, repeated crime injury (Article 1) [Article 62(1) of the Criminal Act] (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 1 of the Act on the Suspension of Execution (Article 62(1)(Article 62(1)(Article