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(영문) 인천지방법원 부천지원 2017.01.20 2016고단2363
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

On June 29, 2016, the Defendant and the Victim F (40 years old) were punished on the ground that the Defendant and the Victim F (40 years old), while engaging in a dispute with the business owner due to the alcohol price from the main point of “E” located in Seocheon-si D around 22:30 on June 29, 2016.

During that period, the Defendant, who was in the middle of the main place, flick flicks (1.5m in length) which are dangerous objects outside of the main place, and flick flicks the front part of the victim's left side one time with the upper part of the Stick flick.

The Defendant assaulted the victim due to enormous storm, which is a dangerous object, and inflicted an injury on the victim, such as the soft frame of the inner wall and the open body of the internal wall in need of medical treatment for about 35 days.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Photographs;

1. A photograph of the criminal tools;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account circumstances favorable to the defendant);

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act include the following factors: (a) the victim suffered bodily or mental suffering from the injury of the inner wall, etc. caused by the instant crime; (b) the act of assault by the Defendant was committed once more; (c) the Defendant has no record of criminal punishment by an act of violence; and (d) the payment of a 13 million won to the victim and an agreement with the victim, and other favorable factors for sentencing are determined the same as the order.

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