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(영문) 대구지방법원 포항지원 2017.10.12 2017고단689
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim are those operating the street store in the “C” located in Ulleung-gun B.

Around 14:40 on May 13, 2017, the Defendant: (a) while running a street store business in the above C, she saw the victim D (the age of 57) who operated the street store next to the Defendant’s and the victim as a dangerous object (the total length of 23 cm and the length of 13 cm on the day) on the ground that he induced customers between the Defendant and the victim to sell coffees, and caused the victim’s loss to twice.

As a result, the Defendant inflicted bodily injury on the victim, such as double gambling, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258-2 (1) of the Criminal Act and Article 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 reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant’s mistake is divided; (b) the victim does not want the Defendant’s punishment; and (c) the Defendant does not have any criminal record; and (d) the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances after committing a crime, etc., which are all the conditions for sentencing specified in the pleadings of the instant case, shall be determined as indicated in the Disposition.

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