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(영문) 인천지방법원 2018.05.11 2018고단1833
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 8, 2018, the Defendant: (a) around 01:35, in a “D cafeteria” located in the Namdong-gu Incheon Metropolitan City, the Defendant left the back end part of the victim on the ground that the victim E (3) who is a workplace partner and drinking alcohol are frightened; (b) on the ground that the victim was frightened, a dangerous object, 500cc glass, and turned back once on the part of the victim on the back end part of the victim on one hand.

이로써 피고인은 위험한 물건을 휴대하여 피해자에게 치료 일수 미상의 귓불 부위 절창 등 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes by cutting off on-site photographs and CCTV images;

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 on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is deemed as having been committed by the Defendant once set off the back part of the victim with the 500cc glass mp, with the victim’s back at one time, and with the victim’s hand room at one time, the crime of this case is not exceptionally deemed to be committed in light of the risk of the implements of the crime, the circumstances leading up to the crime, and the degree of damage, etc.

However, the defendant has led to the confession of the crime and the mistake.

Although the defendant has been subject to criminal punishment twice for violent crimes, he/she is a relatively minor criminal conviction.

With the agreement with the victim, the injured person wants to take the action against the defendant.

It seems that the social ties are well formed, such as the defendant's volunteer service activities for a considerable period of time.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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