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(영문) 인천지방법원 2018.10.12 2018고단6018
특수상해등
Text

A defendant shall be punished by imprisonment for 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

1. In March 1, 2018, the Defendant: (a) 23:20 on March 1, 2018, in front of the Southern-gu Incheon apartment complex C, and (b) on the ground that the victim D (31 cm) was filled up and the Defendant did not take a neck, the Defendant was gathering the victim with a hack pipe (1 meter in length, approximately 2cm in diameter), which is a dangerous object in the surrounding area, and caused the victim to inflict an injury, such as a chest fright, which is a tree (1 meter in length, approximately 10cm in diameter, about 10cm in diameter) that is a dangerous object in the surrounding area, and caused the victim by spreading the victim’s chest over one stop and then causing about two weeks medical treatment.

2. The Defendant damaged property at the same time and time, on such grounds as the above, destroyed the repair cost by leaving the streetlight pole managed by the victim E as the above tree block without participating in the painting for the foregoing reasons, and then destroying it to the extent that it is equivalent to 50,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to receipts (written estimates) and written diagnosis of injury;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general standards of the scope of the recommended punishment [the scope of the recommended punishment] and the area of special mitigation (one month to six months)] [the person subject to special mitigation] and the actual damage are minor, the sources of punishment not subject to punishment (the relation of special injury and substantive concurrent crimes for which the sentencing criteria have not been set; therefore, the lower limit of the sentencing criteria shall be observed within the scope of the applicable sentencing criteria under law];

2. According to the sentence, the instant crime committed on the road of the Defendant: (a) the victim, who was going on the way, laid down a pipe; (b) caused the victim to be tightly damaged; (c) the victim was pushed down; and (d) the victim was tightly damaged.

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