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(영문) 인천지방법원 2017.09.27 2017고단5454

특수상해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2017, when the Defendant was dissatisfied with the Defendant’s birth of women-friendly job B, at the D parking lot located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul around May 23, 2017, the Defendant appeared to have observed the victim’s rear part of the victim’s family with the victim and the victim’s chests at one time with the victim’s own hand, and the victim’s chests at one time for drinking.

On the other hand, the defendant continued to remove golf bonds from the ridge of the above car, and put the victims into the ridge to the ridge, and caused the victims to face with the part of the ridge of the victim for a long time.

계속하여 피고인은 피해자가 트렁크에서 꺼낸 골프채 (7 번 아이언 )를 휘두르며 대항하자 피해 자로부터 위험한 물건 인 위 골프채를 빼앗아 피해자의 등 부위를 수회 가격하고, 발로 피해자의 오른쪽 옆구리를 수회 걷어찼다.

As a result, the Defendant carried dangerous articles with the victim about about 49 days and inflicted injury on the victim, such as cage 5, 7, 8, 11 cage cages, fages, and approximately 21 days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police with respect to B and B (net 9,11);

1. E statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to damaged photographs, golf bond photographs, and damaged side photographs;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very heavy in light of the method and mode of the instant crime, the degree of injury to the victim, etc.

However, the term of punishment shall be determined in consideration of the fact that the defendant's mistake and reflects, that the victim has fully agreed to pay the agreed amount, such as medical expenses, and that there is no record of punishment for the same kind of violent crime, and the execution of the sentence shall be suspended.

In addition, it is necessary.