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(영문) 인천지방법원 2018.10.31 2018고단1615
특수상해
Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. On September 16, 2017, Defendant A stated that Defendant A she drink 605 in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, where Defendant himself/herself resides, and drinked the Victim B (52 years old) and alcohol, and that Defendant A she “I go to go to go to the inside of a day” to the victim.

The defendant uses excessive amount of money (23 cm in total length, 12 cm in length) that is adjacent to the victim who fights with the victim whose body is faced with each other, as his hand, and reaches one time the part of the victim's clothes.

As a result, the Defendant carried over dangerous goods, and carried out approximately four weeks of medical treatment to the victim, the upper part of the double wall in need of medical treatment.

2. Defendant B, at the same time and place as the above 1 paragraph, deducted excessive amount from the victim A (54 tax) to take the victim’s title once.

In this respect, the defendant carried the excessive quantity of dangerous objects and put the victim into a heat of 40 cm in the right-hand side of the treatment days.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation, report on internal investigation, and field photograph;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a medical certificate of injury, a request for cooperation in investigation (inhuman subordinate hospital), or a copy of a medical record;

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

1. Defendant B who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Defendant A: The following conditions for sentencing under Article 48(1) of the Criminal Act are determined by comprehensively taking into account the following circumstances: the Defendants’ age, sexual conduct, environment, motive and circumstance of the instant crime, means and method, and circumstances after the instant crime was committed, and the sentence like the order is determined.

In light of the background, content, method, etc. of the instant crime, the Defendants recognized the instant crime and against their mistake, such as the fact that the Defendants’ nature of the crime is not good, the risk is high, and the degree of injury suffered by the victims B is not somewhat weak.

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