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(영문) 전주지방법원 군산지원 2017.12.13 2017고단1318
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a worker who works at the construction site.

On September 1, 2017, at around 20:06, the Defendant listened to the head of the victim D(38 tax) who was located next to the Defendant, after hearing the quality of the materials, which had been kept by C, the president of Dobong-gu Seoul Metropolitan Government 101, without locking the door of a lodging house in which low-value tools were kept.

As a result, the Defendant carried dangerous glass cups with the victim, thereby causing injury to the victim, such as cerebral celebin, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate of injury, or an injury photograph;

1. Application of Acts and subordinate statutes to report on investigation (F telephone investigation for witnesses);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for the reduction of the amount of punishment [the scope of recommendation] general injury [the scope of recommendation] [the case where the defendant committed the crime by carrying a deadly weapon or other dangerous articles [the special aggravated person] [the decision of sentencing] is against his/her mistake although the defendant has been punished for the same kind of crime, there is a history of being punished for the same kind of crime, the degree of injury of the victim is serious and it is not agreed with the victim, and all other circumstances which form the condition for sentencing such as the defendant's age, circumstances leading to this case, sexual behavior and environment, etc. shall be determined as per the order.

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