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(영문) 인천지방법원 2017.11.30 2017고단7882
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2017, the Defendant was getting a bicycle in the vicinity of the entrance 5 in Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 189 Bupyeong-gu, Bupyeong-gu, 2017, and the Defendant was coming from the front side to the victim B (V, 36 years of age), who is a dangerous object to the victim waiting for the pedestrian signal at the pedestrian crossing, and was driving the above bicycle, which is a dangerous object to the victim waiting for the pedestrian signal at the pedestrian crossing, and led the victim to a walk, shock and shock, which requires approximately two weeks of treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (including the degree of injury) of the mitigated amount;

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

1. The grounds and circumstances for sentencing are not proper under ordinary lighting, or serious challenge and mental illness are suffering to the extent that it depends on Masck and glass, due to the amendment of the Act and subordinate statutes, 【The grounds and circumstances for sentencing,” which are the reasons for sentencing pursuant to Article 62-2 of the Criminal Act.

Although there was no criminal punishment at the time of committing the crime, it is difficult to completely exclude the possibility of re-offending along with the creation of social anxiety, considering the occurrence of violence, the type of victim, the decline in the treatment response, the increase in the deviation from the crime, and the absence of recovery of damage.

However, it is difficult to conclude that the legal hostile or violent tendency has increased up to now, and in light of the possibility of improving the character and behavior of the end of the day, the need for medical treatment to permanently prevent recidivism rather than the detention that can be limited to short-term isolation.

Only once, the treatment in society is considered to be appropriate.

【Determination of sentence】 Determination of imprisonment with prison labor for not more than six months shall be made within the scope of the applicable sentence, but such execution shall be made on the condition that protection, observation, and attending for the prevention of recidivism.

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