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(영문) 전주지방법원 군산지원 2019.01.16 2018고단1306
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the representative director of a manufacturer of sugar, who bears the burden of trade name “B.”

At around 09:50 on June 19, 2018, the Defendant pointed out that the Defendant’s office located in the Gunsan City Co., Ltd. had caused many defective products during meetings, but the victim D (the age of 57) who is a technical director of the said company, caused the victim’s injury to the Plaintiff, such as an abstinia, requiring approximately three weeks of medical treatment, by putting the victim’s ear back on the job “Iskh where he was used for Alger’s path,” due to drinking, and taking once again the victim’s ear back on the job, and taking two times of walking the son’s buckbucks, which is a dangerous object (no more than 100cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (in case of attaching one suspect DNA diagnosis report);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act are divided and reflected in the suspended sentence.

The victim received 10 million won as agreed amount and expressed his/her intention that he/she does not want to be punished for the defendant.

It is an initial crime without any criminal record.

Unfavorable circumstances: When the victim's necks with dangerous death, which is a dangerous object, is not sufficient to commit a crime.

The punishment as ordered shall be determined in consideration of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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