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(영문) 인천지방법원 2016.04.15 2016고단973

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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 October 14, 2015, the Defendant: (a) 00:20 on October 14, 2015, while taking a ceremony at “D main points located in Jung-gu Incheon, Jung-gu, Incheon; (b) caused the injury of the victim E (58 years of age) to the number of days of treatment by gathering the beer’s disease, which is a dangerous thing, on the ground that the victim E (58 years of age) used the beer’s disease as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (see, e.g., Supreme Court Decision 2007Da1448, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above normal relationship);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;