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(영문) 인천지방법원 2018.07.19 2018고단4002
특수상해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2018, at around 10:00, the Defendant: (a) caused the victim D (57 Does) who was a guest in Jung-gu Incheon, Jung-gu, Incheon, to feel uneasy and uneasiness; and (b) caused the victim’s head part of the victim’s head to three times with a wooden steel monet (60cm in length) which is a dangerous object located therein; and (c) caused the victim’s number of days of treatment to be unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (to hear the statements of members of an emergency medical service, hear witnesses' statements, and relate to dangerous objects used by a suspect at the time of committing a crime);

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

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. The crime of this case committed by a person who was injured by putting his head on the steel mons of the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act does not be light. However, considering the following circumstances: (a) the Defendant’s mistake was divided and agreed smoothly with the victim; (b) the victim who obstructed the Defendant’s business was responsible for the occurrence of the case; and (c) the victim was punished once due to the violation of the Road Traffic Act; and (d) the fact that there was no other punishment, other than the punishment imposed once, the Defendant’s age, sex and environment; (b) details of the crime; and (c) the circumstances after the crime were committed, the punishment as ordered shall be determined by the text.

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