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(영문) 전주지방법원 군산지원 2017.09.20 2017고단784

특수상해

Text

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

On May 22, 2017, the Defendant, at around 09:26, suffered injury to the victim E (58) located in Sinsan-si, Sinsan-si, where the Defendant demanded payment of the oil supplied to G companies, F’s subordinate business entity, and the Defendant was in dispute, while gathering fire extinguishers, which is a dangerous object located in the place, and caused injury to the victim, such as cerebrum, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and I;

1. Filing a report on internal investigation (such as attaching photographs of damaged parts to photographs), investigation report (Attachment to a victim Ethic diagnosis report, etc.) - Application of the Acts and subordinate statutes;

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. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the defendant commits a crime by the threat of organization or the majority, or carries a deadly weapon or other dangerous articles (excluding the case where the group of habitual bodily injury, repeated crime, and special bodily injury applies on June 2) in the area of aggravation (6 to 2 years), of general bodily injury [the scope of the recommended sentence] [the subject of punishment] under Article 62(1) of the Criminal Act of the suspended sentence, or carries a deadly weapon or other dangerous articles (excluding the case where the group of habitual injury, repeated crime, and special bodily injury is applicable] [the decision of the sentence] is against his/her mistake, there is no history of punishment for the same kind of crime, and there is no history of deposit of some money into the victim as compensation for damage, the age, circumstances leading to