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(영문) 춘천지방법원 2018.05.30 2017고단1226
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was working together as the follow-up worship E, a business owner in Gangwon-do, and the victim F (V, 52 years of age) was working as an employee.

At around 19:10 on August 31, 2010, the Defendant: (a) caused the injury to the victim, i.e., the said E, the main owner of the damage, namely, “D”, on the ground that the Defendant got sound by the voice called “D (i.e., having been doing any work,” and (b) caused the victim’s left part of the steel fold, which is a dangerous object in the victim’s side, by gathering two descendants, and caused two injury, such as the closure of the bones body of the victim’s body, which requires treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. of Suspect's Location), certificates of entry/discharge, and medical certificates of injury;

1. The grounds for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts appear to have been recognized and against the Defendant. The fact that the Defendant did not have any record of being punished for the same kind of crime is an element for sentencing favorable to the Defendant.

However, the Defendant committed an injury to the victim by getting the victim to a fluor who is a dangerous object, even though the victim committed a noise to E, and by exercising violence against H, the nature of the crime is inferior. The victim was suffering from a brush which requires four weeks of treatment, and the degree of damage is not less weak. The Defendant, immediately after the instant crime was committed, was unaware of his whereabouts until 2017, the Defendant did not take measures for recovery of damage, and did not reach an agreement with the victim, etc., which are disadvantageous to the Defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime are shown in the argument of this case.

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