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(영문) 인천지방법원 부천지원 2017.05.10 2017고단314

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, at around 22:00 on March 13, 2016, was the victim C (the 52 years old) who is a female living together and the victim C (the 52 years old) who was disputes over economic problems and around around 22:0 on March 13, 2016.

The defect means that "to die the victim", and the victim's 10 minutes of 10 minutes of fluor, and the odor and smelling lid, which is a dangerous object, led the victim to an injury, such as the second left-hand side, the second left-hand side, and the pressure fluor, which require treatment for about 14 days, by assessing about about 20 the head and the part of the victim's fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the defendant’s age, occupation, sex, family relation, living environment, developments leading to the crime, circumstances after the crime, etc. under the reason of sentencing under Article 62-2 of the Social Service Order Act, and the conditions of sentencing indicated in the records.

- The Defendant committed another crime without being imprisoned, even though he had a very high history of punishment for the same kind of crime.

- A person who commits an injury by assaulting a person living together for a considerable time in a variety of ways is bad.

- The victim satisfed with great fear.

If the victim did not escape or report, he/she could lead to a greater crime.

- However, the defendant recognized his mistake and agreed with the victim.

- The degree of injury of the victim is not much serious.