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(영문) 인천지방법원 2018.04.11 2017고단9608
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2017, around 08:15, the Defendant: (a) at the front corridor of the Defendant’s house located in the Incheon Strengthening-gun C Studio 301, the Defendant inflicted injury on the victim D (52:3) who was living in the above studio 4 floor due to noise problems between floors, (b) opened a door for the victim to work and heard sound from the victim to work, and (c) threatened the victim with the corridor and the victim with excessive (10cm in length of the blade day) that is a dangerous object within the above 301, and (d) threatened the victim with the hallway and the victim with the face of the victim by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographs of a victim's diversary photo;

1. Trackless photo;

1. Application of Acts and subordinate statutes of the injury diagnosis 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 to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and background of the instant crime, means and methods thereof, circumstances after the instant crime was committed, etc. and the conditions of sentencing as shown in the trial process.

D. Unfavorable circumstances: The defendant recognized each of the crimes in this case, and reflects his mistake, and agreed with the victim, and the primary charge is the first charge in light of the circumstances, contents, methods, etc. of each of the crimes in this case.

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