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(영문) 인천지방법원 2017.12.06 2017고합555
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 22:50 on July 27, 2017, the Defendant left the victim’s left side and left part of the victim’s body were flick-gu, Bupyeong-gu, Incheon, and had the victim’s horse dispute with the victim E (27 years old) at the Bupyeong-gu, Bupyeong-gu, Incheon. The Defendant left two times the head of the victim’s body and left part of the victim’s body, and put about two weeks face, etc. to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Medical certificates, medical records, and images of the upper part of the report;

1. An investigation report (in the evidence list as requested by the F Prosecutor, the name of the witness is indicated as “G”, but according to the investigation records, it appears to be a clerical error (see, e.g., the 31th page of the investigation records) and the application of statutes.

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Non-application of the sentencing criteria: No sentencing criteria shall be set.

3. Determination of sentence: Imprisonment with prison labor for one year, and suspended execution for three years, the crime of this case by the defendant in the case of the defendant in this case shall be the principal of the victim, who is a dangerous article, and the principal of the victim shall take the head of the victim, and the defendant shall inflict an injury on the face of the victim again, and the crime shall be charged in light of the method and means of

It is impossible to see that the defendant left the scene of crime with the victim immediately after the case, and rather was threatened by the victim.

The circumstances after the crime are not good, such as making a false report, and the victim wants to punish the defendant is disadvantageous to the defendant.

On the other hand, prior to the crime of this case, there is no criminal history against the defendant, and the degree of damage to the victim is somewhat growing, however, it does not require a long-term treatment.

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