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(영문) 서울북부지방법원 2016.03.25 2015고단3876
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 and the victim C(49 years) were those engaged in the fire-fighting facility business, and served as the same team at the same place of work.

On May 30, 2015, the Defendant: (a) around 13:30 on May 30, 2015, the construction site at the Gan International Airport D site in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, and the construction works also require a computer voltage; (b) he was waiting inside an elevator located at the construction site, and brought about the victim while waiting for the elevator inside the construction site; and (c) there was a danger that the victim could fall and fall with the elevator with the tools.

The victim made a defect in the claim against this, and the defendant took the face of the victim with the hack pipe (3.2 cm in diameter, 40 cm in length) which is a dangerous object cited in his hand on the ground that the fire has broken.

As a result, the Defendant carried dangerous objects with the victim, and carried out a closed frame that requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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

1. In the event that the sentencing of Article 62-2 of the Social Services Criminal Act is flexible: The sentence of imprisonment with prison labor for three years: one year; two years of suspended sentence; and 40 hours for community service and other factors of sentencing, including the following factors of sentencing, shall be determined as ordered by examining the various conditions of sentencing indicated in the arguments, such as the Defendant’s age, sex, family environment, etc.

Aggravations: Reduction elements, such as confession, contingent crimes, deposits (1.5 million won), portraits, minor children (2 children), etc.

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