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(영문) 인천지방법원 2016.05.18 2016고단1008

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On October 16, 2015, at around 12:15, the Defendant: (a) sold the victim C (49 years) who was the rear line in front of the Incheon Jung-gu Incheon, Jung-gu, Incheon, to the victim C (49 years), but on the ground that the victim refused the victim's refusal of his bad vote, the Defendant saw the part of the victim's inner part of the cement-based news block (9cm, length 7cm, length 5cm, thickness 5.5cm) which was a dangerous object on the way and continuously on the way of the victim, with a cement-based news block (breadth 9cm, length 7cm, thickness 5.5cm) which was a dangerous object on the way of the victim's treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs (the parts damaged by the victim and cement bricks which are dangerous objects);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. The defendant's criminal records of violence are not bad if he or she inflicts bodily injury upon the victim with dangerous things even though he or she had been guilty of violence.

However, the term of punishment is set in consideration of the fact that the injured party seeks the defendant's preference in the investigative agency and court, and the execution of the punishment is suspended.