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(영문) 인천지방법원 부천지원 2018.10.11 2018고단2113
특수상해
Text

A defendant shall be punished by imprisonment for six 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 August 12, 2018, at the ward No. 20:15, 2018, the Defendant, at the ward No. 20:104, suffered injury on the part of the victim, who was the spouse of the Defendant, (or the age of 55) and on the part of the victim, who was in a dispute with economic problems.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to photographs of cell phones ographs used for crimes and photographs of damaged parts;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Code of the community service order: The defendant was faced with a cell phone boom, which is a dangerous article for the victim's spouse, and the nature of the crime is not good.

There is a single record of the family protection disposition for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

A injured person does not want the punishment of the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the relationship with the victim, the motive and background of the crime, the degree of injury, the circumstances after the crime, etc. and the various sentencing conditions shown in the theory of change.

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