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(영문) 대전지방법원 2018.04.19 2018고단495
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 23, 2018, the Defendant: (a) expressed the victim’s desire at the front parking lot of 101-dong apartment 101, Han-gu, Daejeon, Seo-gu, Daejeon, about 19:15, on the ground that the victim C (35 years of age) met one’s own wife, and (b) took the victim’s desire on the part of the victim, and (c) took the victim’s head and the part of the clean-up tool for removing water, which is a dangerous object ( approximately 90 cm alumumumumumumumumumumumum in length), the Defendant inflicted on the victim the victim’s head and the part of the left bridge, etc. for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. A damaged photograph and a photograph of criminal tools;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 to mitigate small amount;

1. The defendant and his defense counsel's assertion of Article 62 (1) of the Act on the Suspension of Execution against the defendant and his defense counsel alleged to the effect that the huge amount of goods used by the defendant for the defendant at the time of his victim does not constitute a dangerous article. However, the defendant and his defense counsel's assertion is not acceptable since the "hazardous article" under Article 258-2 (1) of the Criminal Act includes any article that can be widely used to harm human life and body even if it is not a deadly weapon. In a specific case, in light of social norms, the use of the article must be determined depending on whether the other party or the third party could cause danger to human life or body, and it is reasonable to view that the enormous amount used by the defendant falls under a dangerous article as a protein material of 90 centimeters short.

The reason for sentencing [the scope of recommendations] General In the case of committing a crime by carrying dangerous articles (from June to two years) in the area of aggravation (special aggravation) (and from June to June) (the decision of sentence), the person has been punished as an injury (the decision of sentence), and it has not been agreed that the person has committed a crime using implements.

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