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(영문) 의정부지방법원 2017.06.26 2017고단2120
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the site manager of the construction site of the C Building.

On May 9, 2017, the Defendant, around 16:44, arranged construction materials, etc. in front of the above construction site D at the time of the Government of the Republic of Korea, the Defendant met the Victim E (50 years old) who was found to have been paid less wages as workers in the above construction site.

At the time, the above victim was removed from and received money in the middle.

Along with the same day, there was a knife of industrial knife which is a dangerous object in the neighboring site office around 16:50 on the same day, and the victim was knife of the victim's face, knife of the victim's face with a knife, knife of the victim's knife with a knife, and the victim was knife with a knife of the victim's knife with a knife that is less than the lower part of the victim's knife, and the victim was knife of the victim's knife for three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning F in the protocol of suspect interrogation of the police officer;

1. Statement of each police statement with respect to E and G;

1. The application of the relevant Acts and subordinate statutes to the victim's photograph, on-site photograph, damaged photo, each CCTV-cap photograph, CCTV image CD data, seizure protocol and list, seized articles photograph, photograph of seized articles, and a diagnosis document, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) (The sentencing criteria are not applied since the sentencing criteria are not yet set out for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).

In the instant special injury crime, only imprisonment is prescribed as statutory penalty, and the lower limit is one year.

However, it is against the fact that the defendant is led to the confession of the crime, and the victim has first expressed the desire to the defendant, and there is an aspect of inducing the crime by assaulting the defendant.

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