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(영문) 대전지방법원 서산지원 2018.05.17 2018고단210
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on November 7, 2017, the Defendant, as a noise problem in the front end of the Defendant’s house located in Seosan City, brought about a collision with the victim D (63 cm) who is a neighboring resident due to noise problem, and brought about the victim’s head several times with iron and pipe (15 cm in length) which is a dangerous object on the floor at that place, and caused an injury to the victim, such as two feet, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the suspect of the police against the accused (including parts concerning D confrontations);

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. On-site photographs, photographs of victims, and estimated photographs of criminal implements;

1. Application of Acts and subordinate statutes governing the pipe photograph;

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 grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution include: (a) the fact that the defendant partially recognizes the crime and reflects the fact that the defendant was partially aware of the crime; (b) the victim was not injured; and (c) the defendant did not have any criminal record subject to a heavier punishment than a fine; and (d) the defendant’s age, sex, circumstances leading to the crime, circumstances leading to the crime, methods of the crime, and circumstances after the crime, etc.

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