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(영문) 인천지방법원 2018.06.27 2017고단8629
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The Defendant, around November 10, 2017, around 01:55, around the fourth apartment commercial building of the 68-ro 105-ro, Yeonsu-gu, Incheon, Yeonsu-gu, Seoul, and around November 10, 2017, expressed that the Defendant would have known that the Defendant would exchange the fluence with another woman-friendly Gu with another woman.

In this case, the victim's head and body body body can be taken several times with a pipe (1m, 3mm in diameter) which is a dangerous object prepared in advance, and the victim's head and body body can be taken up for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. is that the Defendant’s crime of this case was committed with a pipe to the extent of danger and injury.

The defendant has yet to be able to receive a letter from the victim.

However, when examining the background of the occurrence, the victim has attempted to fighting and the defendant has made efforts to recover the damage of the victim.

The defendant is the first offender.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.

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