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(영문) 인천지방법원 2016.05.27 2016고단1833
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2016, around 23:00, the Defendant collected a fraud that is a dangerous object on the table ( approximately 10cm in diameter, about 6cm in height) from the victim E (57) to the victim E-(S) dispute, and caused the victim to look at the victim’s left side, the Defendant saw the victim to the extent of about 10cm in length ( approximately 10cm in diameter, about 6cm in height).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes concerning field photographs and bodily injuries;

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 (it shall take into account the favorable circumstances among the reasons for sentencing as follows) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The Defendant’s act of sentencing under Article 62-2 of the Social Service Order Criminal Act, which led to the occurrence of a serious injury to the victim, cannot be deemed to be light. However, the Defendant and the victim agreed that the victim did not want the Defendant’s punishment, and the victim was punished twice due to the act of violence before 1991, although there were no circumstances that were subject to punishment for violence thereafter, the conditions of sentencing, such as the Defendant’s age, sexual behavior, environment, motive and circumstance, etc., and the following circumstances, such as the Defendant’s age, sexual behavior, crime motive and circumstance, etc., shall be considered, and the sentence as set forth in the Disposition shall be determined as ordered.

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