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(영문) 전주지방법원 군산지원 2019.03.13 2019고단17
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture, who is a private village of the victim B(79 years of age).

On June 23, 2017, at around 20:00, the Defendant came into the house of the victim located in Gunsan City C, and on that day, on the ground that the victim did not influorize water in the ancient field and fluorging soil into the Defendant’s vehicle, the Defendant: (a) placed the victim’s shoulder part one time with each item (a 4 cm, 3.5 cm, 96 cm in total length), which is a dangerous thing brought about at the house and fluoring from the house (a 4 cm, 3.5 cm, 96 cm in total length) on the ground that the victim did not influoring water into the ancient field and fluoring soil into the Defendant’s vehicle; and (b) continuously when the victim’s finger and fluoring the head with his hand.

Accordingly, the defendant carried dangerous articles and inflicted injury on the victim, such as the third left-hand body felll, which requires treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The application of Acts and subordinate statutes to photograph the victim, each item, the written diagnosis of injury, and investigation report (to hear statements at the time of damage to the victim B);

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 for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution is to determine the sentence as ordered in consideration of the circumstances of sentencing, such as the following: (a) the mitigation area of category 1 (Special Bodily Injury), the mitigation area (4-1) (Special Bodily Harm), the exemption area (a person who has been sentenced to a sentence] acknowledges and reflects the defendant's wrong determination; (b) the defendant appears to have reached an agreement with the victim; and (c) the age, character

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