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(영문) 인천지방법원 2017.12.01 2017고단5664
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 4, 2017, the Defendant suffered from the Defendant’s operation “D” in the Nam-gu Incheon Metropolitan City, which is located in the Defendant, from the victim E (n, 60 years of age) to demand the Defendant to pay the amount repaid by the injured party to the obligee instead of the Defendant to the Defendant, and was in dispute with the victim, the Defendant suffered from the victim the injury, such as the part of the victim’s arms and side gate, and the part of the victim’s face, which is a dangerous object on the floor, were faced with the victim who was in close vicinity of the suspected material, and the victim was faced with the body of the victim’s arms and side gate, and the part of the victim’s face was made several times, and the victim was able to receive treatment for about 14 days, such as teared part (e.g., 200 meters under this part, the bottom part of the body of the victim) in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Each photograph (one-time 4,5,11);

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. 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 grounds for sentencing under Article 48(1) of the Confiscation Criminal Act recognize and reflects the fact that the injured party does not want to be punished by the defendant, the injured party does not have any record of criminal punishment for the same kind of crime (no record of criminal punishment since 2010), and other factors revealed in the instant case, such as the defendant's age, sex, family environment, health conditions, circumstances and motive leading to the crime, and circumstances after the crime, etc., shall be determined as ordered by the sentence, taking into account all the factors revealed in the instant case, such as the following factors.

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