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(영문) 인천지방법원 부천지원 2016.04.06 2016고단188
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 13, 2015, at around 09:35, the Defendant suffered special injury: (a) the victim F (40 years of age) was influencing the fact that he was infinite relationship with G, the Defendant’s wife, and the victim was infincing the victim’s knife at one time, and knife (32 cm in length, 20 cm in length, knife’s length) was infincing the victim’s face, which is a dangerous object that the victim was prepared in advance, into the said coffee shop; (b) the victim was infincing the victim’s face and knife at one story of the said coffee shop; and (c) the victim was infincing the knife with the victim; and (d) the victim was infincing the knife with the victim’s knife at the first floor of the said coffee shop.

The victim's body was satisfyed by drinking and satisfy, and the victim's body was satisfyed by drinking and satisfy, resulting in an injury to the victim, such as a satfying of sat, which requires approximately three weeks of treatment.

2. The Defendant destroyed special property at the same date and time, and at the same coffee shop as above, destroyed the floor by leaving the cell phone, which is the victim’s possession on the upper knife knife, which is a dangerous object, and thereby damaged the amount equivalent to KRW 394,00 in repair cost by taking the cell phone on the ground of the fact that the Defendant took the aforementioned cell phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Application of each Act and subordinate statute specified in a written diagnosis of injury and written estimate;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2(1), 257(1) (a) of the Criminal Act (the occupation of an injury to carry dangerous articles), Articles 369(1), 366 of the Criminal Act (the occupation of an injury to carry dangerous articles), and choice of imprisonment with prison labor for a crime of destroying special property

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 favorable circumstances):

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection: The defendant led to the instant crime and made his/her mistake.

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