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(영문) 인천지방법원 2018.01.18 2017고단8597

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 is in a relationship with the victim B (36 years) and was an employee at the mobile phone sales store of the victim before the occurrence of the case.

On November 7, 2017, around 00:06, the Defendant promised to drink with the victim as retirement pay within the first floor D of the Seo-gu Incheon Metropolitan City building 1, Seo-gu.

Although requesting KRW 10,000,000 was rejected from the injured party and told him that he was aware of being self-esteem, he collected glass cup, which was a dangerous object on the table, and found the head part of the injured party to be appropriate for the head of the injured party, and collected beer disease, which is a dangerous object, and caused the injury of the injured party by stroke, such as brain salin, which requires a treatment period of about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (verification of the material quality of the instant World Cup used for committing the crime);

1. A written diagnosis of injury;

1. Application of statutes governing field photographs, damaged photographs, and on-site CCTV CDs;

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 (the following sentencing shall be considered in light of the circumstances in which the sentencing is favorable to one another) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order has not been agreed with the victim, and two times before the same fine is imposed.

However, the criminal defendant has no longer been sentenced to suspended sentence or more, and the criminal records of the above fine also become more than 10 years.

The degree of damage is not severe, contingent crimes are being committed, and the defendant is against the defendant.

On the other hand, there is room for misunderstanding that there is any circumstance to consider the motive for the crime in light of the above facts constituting the crime.

However, in light of the victim's statement, it seems that there is no victim's speech that the defendant's self-esteem might be significantly respected, and the victim's refusal to pay retirement allowances promised to the defendant.