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(영문) 광주지방법원 장흥지원 2016.09.01 2016고단106
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 18:00 on March 26, 2016, the Defendant received from the victim D (the age of 51) to provide labor cost of KRW 9.550,000 related to E housing construction from the victim D (the age of 51) at the center of the Defendant’s house located in Gangnam-gun, Gangnam-gun, Gangnam-gun, and caused injury to the victim by inserting the victim’s head part into several times by inserting any dangerous articles, and destroying the victim’s head part, and destroying the flab, etc., for about two weeks of treatment.

Summary of Evidence

1. The defendant's partial statement (the defendant alleged that there was no price for the victim by inserting, but considering the victim's consistent statement in the investigative agency and the court, it is sufficiently recognized that the defendant inflicted an injury on the victim by inserting the victim, so the defendant and the defense counsel's assertion is without merit);

1. Witnesses D and E's respective legal statements;

1. Grade D of the police officer's protocol of interrogation of the accused and the prosecution's protocol;

1. Written statements of D;

1. On-site photographs, photographs, etc.; and photographs, etc. of the upper part of the body;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The risk of the instant crime, conditions favorable to the victim’s failure to agree with the victim: The degree of injury suffered by the victim is not much severe; the defendant has no record of criminal punishment for about 10 years; and the defendant’s age, character, conduct, environment, health conditions, motive and consequence of the crime, and other various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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