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(영문) 인천지방법원 2018.10.31 2018고단5945
특수상해
Text

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

On April 29, 2018, the Defendant: (a) at a Goguma farm operated by a victim C (68 years of age) located in Seo-gu Incheon, Seo-gu, Incheon on April 29, 2018; (b) the Defendant has a cell phone victim.

I think that it was requested to return it, but I would like to hear the statement that it was gathered from the victim, and that the victim's face is taken several times, and the victim's face and body is taken several times due to flue blue flue, which is a dangerous object that was next to it, the victim's face and body was damaged by the victim's flue blue so that the victim can escape from his head, etc., and the victim's face and body was damaged for about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Partial statement of each police suspect interrogation protocol against the defendant (including the part concerning the C's statement);

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against C;

1. A written statement on the preparation of the defendant;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity ( normal consideration, such as elderly persons, having no criminal record of imprisonment without prison labor or heavier punishment, and having committed the instant crime contingently between the victim and the earth);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. The portion not guilty of the community service order under Article 62-2 of the Criminal Act;

1. The summary of this part of the facts charged charged charged is the time and place indicated in the judgment, and the victim’s head was injured one time by care of the victim’s head, which is a dangerous article that was adjacent to the victim.

2. The Defendant asserts that the victim did not know about the victim’s objection.

The evidence that corresponds to the fact that the defendant saw the victim's head at one time, the defendant makes a statement to the investigation agency of the victim that the defendant saw the victim's head at one time, and the photograph and care of the victim's head.

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