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(영문) 인천지방법원 2017.09.08 2017고단4362

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 May 1, 2017, the Defendant was under the influence of alcohol on the ground that the Defendant neglected the Defendant, who was a victim D (66 years of age) in the residence of Incheon Strengthening-gun B, around 15:39, and was under the influence of alcohol, and was under the influence of alcohol, the Defendant was suffering from the victim’s dementia.

“I have heard the word “,” and, at the Defendant’s house, have been placed in advance, on hand hand hand hand hand hand hand hand hand hand, which is a dangerous object at the Defendant’s house ( approximately 36 cm in total length, approximately 9 cm in length on the day), and the victim and the victim were only under the mountain transmission tower, taking into account in high-scale and high-level, if inside Incheon-gun.

In the above place, the Defendant 1 prepared the victim's hand in advance before the victim did not go to the death, and laid down twice the left shoulder part of the victim's hand by leaving the victim's hand, and caused approximately two weeks of medical treatment to the victim. The Defendant 1 laid down the left part of the victim's hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, C, and E;

1. Records of police seizure (voluntary submission) and list of seizure, records of seizure (voluntary submission/damage) and list of seizure;

1. Each investigation report (a confession, etc. of suspect and details of instructions for internal investigation);

1. Medical certificate (D);

1. Application of Acts and subordinate statutes to the victim's body photographs, seized articles, body photographs of the victim's upper body part, seized articles, and field photographs of the victim's upper body;

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. Protective 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 Confiscation Criminal Act is that the defendant used knobs, which are dangerous objects, to inflict an injury on the victim, and thus, the nature of the crime is not extremely high, and the risk of the crime is also reasonable in light of the circumstances leading up to the crime committed by hiding the knobs in a planned manner and hiding them.

The defendant is not in a good condition after committing a crime, such as intentionally denying the fact that he has used his fingers at the early stage of the investigation.

The defendant shall be subject to criminal punishment on seven occasions.