(영문) 인천지방법원 2016.04.27 2016고단835

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(영문) 인천지방법원 2016.04.27 2016고단835

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 February 5, 2016, at the “C” restaurant located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, around 06:50, the Defendant performed drinking, such as the Defendant’s workplace D (Woo, 36 years of age) and talked about the workplace rent. The Defendant, while taking a bath to the victim, kiddd the inside of the main branch on the table while drinking the victim, and kiddd the victim’s windows that were on the table, and kiddd the victim’s windows that were on the table, and kidd the victim’s head, and continued to kid the victim’s hair, which was dangerous to the victim’s head, and caused the victim’s two strokes requiring medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, or photographs of an injury;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. There is a heavy limitation on a criminal defendant's liability for committing a crime in which the victim's head is considered in consideration of dangerous articles;

However, the defendant has made efforts to recover damage, such as the payment of 1.5 million won and 100,000 won under the pretext of agreement, and the defendant can have the same power but has been before 2006, and the sentence equivalent to the minimum statutory penalty shall be imposed in consideration of the fact that the defendant has been before 2006, and the execution thereof shall be suspended.

In addition, in order to prevent recidivism, a social service order is given to the defendant.

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