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(영문) 인천지방법원 2017.01.19 2016고단8169
특수상해등
Text

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

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

Reasons

Punishment of the crime

1. Around November 8, 2016, the Defendant: (a) expressed that “E” operated by D on the Southern-gu Incheon Metropolitan City C and II levels; (b) the victim F (n) who was inside and outside of the Republic of Korea was “I would come to go to the police; and (c) reported the instant D to the police; (d) the Defendant got to go to the police, which was a dangerous object at the port; and (e) had been at the risk of having come to go to go to the police, caused the victim’s injury by two weeks of one’s hairs in need of two weeks of treatment.

2. The Defendant damaged a special property by shouldering a beer’s disease, which is a dangerous thing located therein, at the time, at the place specified in the above 1. Paragraph 1. at the same time, and at the same place, and displayed inside the above inside, the injured party’s market price equivalent to KRW 50,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A written diagnosis of injury;

1. Inquiries about the history of contract unit price by customer;

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Considering the favorable circumstances, such as the fact that the nature of the crime is not good in light of the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution, the fact that the defendant has the record of being punished for the same kind of crime, the confession and reflect of the crime, the fact that the victims do not want the punishment of the defendant upon agreement with the victims, the fact that the victims do not want the punishment of the defendant, and the fact that there is no record of punishment exceeding the fine of the defendant, the punishment shall be determined as ordered by taking into account the following factors: the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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