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(영문) 수원지방법원 2018.10.11 2018고단4653

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 13:10 on June 5, 2018, had the victim D (44 years old) who was an engineer to be employed as cargo while carrying out cargo unloading operations at the lower level of the C Logistics Center staff of the C Logistics Center located in Osan-si B, Osan-si.

The author pointed out that the hump pipe (the total length of 1) which is a dangerous object in the dispute while making the hump of the humba, and then put the victim into the face of the humba and the left side of the humba in need of treatment for about two weeks, and put the victim into the face of the humba.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines applicable [the scope of the recommended punishment] Special Bodily Injury, and the scope of the special mitigation area (two months to one year) (a person subject to special mitigation) (a person subject to special mitigation) minor injury and non-existence of the punishment;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

The favorable circumstances: The degree of injury of the victim is not severe, and the circumstances unfavorable to the agreement with the victim are unfavorable: The fact that there was a high risk of the crime of this case by causing injury to the victim with dangerous objects without any special reason.