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(영문) 서울북부지방법원 2017.02.02 2016고단2574

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 is the lessor of the house in which the mother of the victim C (35 years) resides.

On May 21, 2016, the Defendant: (a) around 10:50, around 10, 2016, at the stairs of Bupyeong-gu Incheon, DD 23 Dong 101, the Defendant 23-dong 101, for the reason that the victim raised an objection in relation to the sewage mouth construction of the house in which the mother of the victim resides, and caused a bicycle chain for the victim to display dangerous objects; (b) followed the beer of the beer’s disease on the floor; (c) attached the beer’s disease; and (d) laid the beer’s disease, which is a dangerous object; and (d) laid the victim’s left cover, such as 10cc tearing the amount of approximately 10cm to the left part of the victim, which requires a treatment of approximately two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to on-site photographs (victims and glass sculptures photographs);

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is not good, but the degree of injury suffered by the victim is relatively minor, and the defendant has no record of criminal punishment in addition to the punishment of a fine of KRW 100,000 by violence in 1985, other than the punishment of a fine of KRW 100,000,00, and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be comprehensively determined as the sentence identical