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(영문) 인천지방법원 부천지원 2016.10.13 2016고단2201
특수폭행치상
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2016, around 09:35, the Defendant: (a) made it impossible to sleep due to noise generated at the above construction site at the site of a multi-household located in Bupyeong-si B, Seocheon-si; (b) made the inserting of dangerous objects at the above construction site ( approximately 97cm in total) into his head; and (c) made the victim C (66 years of age) who is responsible for the above construction site by inserting the above inserting, as the inserting was inserted in the above inserting, the Defendant added the above inserting by one hand; and (d) caused the victim to wear and defend the above insertion by one hand, and tight the victim’s timber and chest toward the other; and (e) caused the victim to go beyond the chemical part that was behind the victim.

As a result, the defendant, carrying dangerous objects, assaulted the victim, and caused the victim to suffer injury, such as an excellent bid and injury for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against C (List 8);

1. A written statement of D (List 2);

1. A written diagnosis of injury (list 9);

1. Investigation report (List 12);

1. Application of Acts and subordinate statutes of each photograph (list 3, 4, 5);

1. Articles 262, 261, 260 (1), and 258-2 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (a confession, reflectivity, absence of any criminal record heavier than a suspended sentence, the degree of injury is relatively minor and the victim is not subject to punishment by mutual consent);

1. Article 62 (1) of the Criminal Act (the same as the first sentence) of the suspended execution;

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