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(영문) 인천지방법원 2017.11.10 2017고단7328

특수상해등

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief: (a) around 17:00 on September 17, 2017, the Defendant: (b) took a thief with E, together with E, working together at the construction site of nearby military units at the site of construction work conducted by the victim C, which was operated by the victim C, and took a thief with E, which was used to cut a bed by taking advantage of the gap in the victim’s surrounding negligence; and (c) took a thief with the victim’s 12,500 won at the upper market price.

2. On September 17, 2017, at around 20:27, the Defendant, along with the victim E (57 taxes) located in the Incheon Spoman-gun, Incheon Spoman on September 17, 2017, Gel 104, using the victim as a lodging room, with respect to the work site of ordinary construction works, was fluored by the victim, and was fluored by the victim, and was fluored by the victim, which is a dangerous object that the victim had stolen, such as the preceding paragraph before the place where the victim was locked, and fluored by the victim, was fluored on the part of the victim.

“Along with the victim’s timber, right road, knee, knee, and kneb, the victim had an open standing, knee, knee, and knee, which require approximately two weeks of medical treatment, the following, etc., damaged the gelity of the ele and the next arms, gred, gred, gre, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (abstinence, choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (abstinence of special injury);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is [The fact that the nature of the crime is considerably not good in light of the method, content, and result, etc. of the special injury crime (in light of the situation at the time of the crime, there was a risk of serious harm to human life)] and favorable circumstances (the crime is recognized and depthed).