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(영문) 청주지방법원 제천지원 2019.01.31 2018고단352
특수상해
Text

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

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

Reasons

Punishment of the crime

Around 15:00 on September 21, 2018, the Defendant had the desire to “the same bitch” from the victim during the dispute over the instant company E (the victim E (the age of 48) and wage and holiday work, etc. at the D D container office located at the construction site of the B C Meal Center, in which the employees under the Defendant’s management work as a brick, who heard the victim’s desire to “the same bitch bitch”. However, the Defendant inflicted two injuries, such as one of the dangerous objects located at the relevant site, to the victim’s head, who was facing the victim for about 14 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photograph description;

1. Reports on internal investigation: Additional internal investigation for a victim;

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

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to two years from the date of imprisonment for the basic area of the range of special injury and injury according to the sentencing criteria; and

2. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

Unfavorable circumstances: The nature of the crime and the circumstances of the crime are heavy, where a person who is a dangerous object, was in the front part of the victim's head, causing bodily injury.

The degree of injury is not easy.

The victim wanted to be punished by severe punishment of the defendant.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of the same crime.

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