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(영문) 인천지방법원 2016.05.26 2016고단1787
특수상해
Text

A defendant shall be punished by imprisonment for six 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 or around February 14, 2016, the Defendant: (a) when the Defendant took a bath with the victim C (20 years) on the grounds of the change, etc. in the car line on the road near the Incheon Southern-dong Incheon Metropolitan City's driver's license test site; (b) when the Defendant temporarily stopped the victim in order to drive the car in the same Gu D, then she saw the victim, spits down the breath, breath, etc.; and (c) the victim spits down the breath, etc.; and (d) on the grounds that the victim spads down and spads down the breath, which is a dangerous object at the vehicle bridge between the Defendant's automobile troke and the Defendant's vehicle breath (80cm in length).

As a result, the victim's face has been displayed once every year, and the victim's left side has been placed one time with a bad hand, and the victim's right side has been placed strawed up to the left side of the victim about two weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police officer against C or F;

1. Camping nets, photographs of victims, etc.;

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

1. Article 258-2 (1) of the Criminal Act concerning 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 (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria are not set for special injuries in the application of the sentencing criteria;

2. Determination of sentence is the first offender, and the victim was not committed directly through the camping room, the victim was agreed smoothly with the victim, and all of the sentencing conditions recorded in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the instant crime, shall be determined by taking into account the following factors:

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