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(영문) 인천지방법원 2018.07.05 2018고단3790
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 November 14, 2017, at around 22:00, the Defendant collected 500cc glass clocks from the victim D (43 tax) and drinking in Gyeyang-gu Incheon, on the ground that the victim D (43 tax) was not living at the examination of the Defendant, and 500cc glass clocks, which were dangerous objects at the same time, were put up two weeks to the left-hand side of the two government in need of approximately two weeks of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (Supplement of complainants);

1. Photographs of the senior head and the senior head;

1. Application of Acts and subordinate statutes to an injury diagnostic certificate;

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 of Article 62-2 of the Criminal Act is that the nature of the crime in light of the method and circumstances of the crime in this case where the defendant injured the victim's head in light of the beer balance.

In addition, the defendant was subject to a disposition of conditional suspension of indictment due to the charge of violation of the Punishment of Violences, etc. Act in 2009 (damage, etc. to a group deadly weapon), and the recent years of being sent a home protection case due to the charge of assault in 2017.

However, the execution of imprisonment shall be suspended in consideration of favorable circumstances, such as the fact that the defendant commits a crime against the wrong, the fact that the defendant appears to have agreed to be a contingent crime, the fact that there is no record of punishment for the same kind of crime, and the fact that there is no record of punishment for the same crime, and the order to attend the class of violent therapy to prevent the recidivism, and all other circumstances shown in the records and arguments, including the defendant's age, environment, the process, motive, means and consequence of the crime, etc., shall be determined as ordered

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