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(영문) 인천지방법원 2016.10.20 2016고단4656
특수폭행치상등
Text

A defendant shall be punished by imprisonment for six 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 December 22, 2016, the Defendant: (a) within the E store operated by the victim D (29 years of age) of the Dong-gu Incheon Metropolitan City, Dong-gu C and the first floor; (b) determined that there is no member of a member of the former mobile phone on the mobile phone purchased at least one week prior to the examination of the victim’s previous mobile phone; (c) however, during the process of re-verification of the absence of a member of the group, the Defendant: (a) stated that “c sons and Handphones are the executive secretary; and (b) took one time the victim’s left hand, which is a dangerous object of the victim’s own possession, and (c) took one time the consignee, who was placed in front of the new mobile phone, and added a favorable interest equivalent to the market price.”

As a result, the Defendant inflicted an injury on the left-hand salt base, which requires approximately two weeks of treatment, and damaged the glass equivalent to the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Damage photographs and the written diagnosis of injury [the defendant and his defense counsel are parts of the victim's fingers in the process of unloading the neck glass so that the defendant did not have the victim's fingers. Thus, considering the above evidence, it is reasonable to view that the defendant could have sufficiently known that the defendant could have suffered injury to the victim in the course of unloading the neck glass. Thus, the above argument by the defendant and his defense counsel cannot be accepted.]

1. Relevant provisions of the Criminal Act, Articles 369 and 366 of the Criminal Act, Articles 262 and 261 of the Criminal Act, the choice of punishment for the crime, Articles 369 and 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reasons for sentencing in Article 62-2 of the Probation Criminal Act are the same as the accused.

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