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(영문) 인천지방법원 부천지원 2017.06.09 2017고단824
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 18, 2017, the Defendant, at an exclusive restaurant located in Seo-gu Incheon, Seo-gu, Incheon on March 18, 2017, the Defendant: (a) suggested that the victim (25 years) was frighting to the Defendant’s daily behaviors; (b) thought that the victim’s body was a part of the Defendant’s body, extending out the arms, and doing an exceptional act; and (c) caused the victim’s face to inflict an injury, such as head and other part of the body requiring approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of crime scene;

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

1. In light of the fact that the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”), considering the following factors: (a) the victim’s face is not good; (b) the victim’s mistake is against himself/herself; (c) the degree of damage is relatively minor; and (d) the victim has no record of punishment in the Republic of Korea, the sentence identical to the order shall be determined by taking into account various conditions for sentencing specified in the argument of the instant case.

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