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(영문) 인천지방법원 2018.04.18 2017고단6503
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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 and the victim C (59 years of age) are patients hospitalized as prescribed in the E convalescent Hospital 802 located in Nam-gu Incheon Metropolitan City D.

On July 4, 2017, the Defendant: (a) around 09:00, on the part of the injured party, “I have difficulty in smoking.”

“Along with the victim’s end, I am hicker, which is a dangerous object attached to a bed, and amhicker, knicker, which is a dangerous object attached to the bed, brought about the victim’s face at one time, resulting in the victim’s injury to the head and other open part of the body that requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. Based on the grounds for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution under Article 55(1)3 of the Act on the Mitigation of Small Amount of Punishment, the sentence is determined as ordered by comprehensively taking into account the following circumstances: the Defendant’s age, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The nature of the crime is not good for committing the crime that inflicts bodily injury on a dangerous object.

The favorable circumstances: The defendant confessions himself as to the crime of this case, and reflects his mistake.

The defendant has no record of punishment except for those punished twice in the past, and all of them have been punished before 2010.

The degree of injury of a victim shall not be severe.

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