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(영문) 인천지방법원 2018.04.12 2018고단1638
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

The defendant and the victim B(57) are neighboring residents.

On February 2, 2018, at around 14:00, the Defendant was on the part of the victim's head, on the ground that the Defendant brought the damage to the abolition collected by the Defendant on the street 12-1, 640 Do-gil, and 12-1, 'Sejin Do-gu' before "Sejin Do-gu", and the Defendant was on the part of the victim's head.

Therefore, the defendant suffered from the victim's head side, causing the victim to suffer from an incurable injury to the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Notification to the department related to the reporting of the case 112 case, of the skin photograph of the victim's damage B, the photograph used by the suspect A, and the suspect A;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection) and a report on investigation (112 reporter C’s telephone hearing);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following factors are considered to be more favorable among the reasons for sentencing) is as follows, and the victim’s head could be injured.

It was impossible to receive a letter from the injured party.

However, his mistake is recognized.

It is a contingent crime.

There are three-time criminal records of a fine (two-time violence), but it is considered that there have been 20 years prior to 20 years.

The punishment shall be determined as ordered in consideration of the following conditions, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended.

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