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(영문) 인천지방법원 2016.10.06 2016고단4569
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 07:00 on June 23, 2016, the Defendant, who is engaged in the business of loading potteries in Seo-gu, Seo-gu, Incheon, was subject to a claim that “I am under the age of main, vain, and whether I am selling potteries to other companies and agents.”

Accordingly, the Defendant reported that the victim E (the age of 49, the age of 49) passed at the same place on the same day while drinking alcohol, and that the victim said the above contents to D, the Defendant inflicted injury on the victim’s head on the port lid (the degree of 20cm, the thickness of 7m), which is a dangerous object in the vicinity of the Plaintiff (the degree of 20cm, the thickness of 7m), on the ground that the victim’s head was able to take one time at around 10:0 on the same day while drinking alcohol, and the victim suffered injury, such as double scopic, which requires two weeks of treatment at the same time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical 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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the fact that the defendant for the reason for sentencing under Article 62-2 of the Order to Attend is recognized; and (b) the fact that the victim does not want the punishment of the defendant by agreement with the victim is favorable; and (c) the fact that the nature of the crime is not less than that of the crime in light of the substance of the crime, etc. shall be considered disadvantageous circumstances; and (d) other matters specified in Article 51 of the Criminal

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