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(영문) 인천지방법원 2017.07.20 2017고단3925
특수상해등
Text

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

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 December 13, 2016, the Defendant did not properly provide the victim D (54 tax) with the benefits to the Defendant at C cafeteria located in the Cheongjin-gun, Incheon Special Metropolitan City, Incheon, around 08:30 on December 13, 2016.

I think, I thought D's wife, 52 years of age, batd and d'ebling bat E's bat, and d'd'd'd batd and threatened with the snow of the victim, which is a dangerous object.

At around 09:30 on the same day, the Defendant continued to take the face of the victim D from the 1st floor of the Stak Jeju Village Center, which is located in the 122-ro, the upper 09:30 on the same day, to take away the face of the victim D, and to the electric main electronic, which is a dangerous object, one time the right shoulder of the victim.

As a result, the Defendant, carrying dangerous things, assaulted the victim E, and by using dangerous things, inflicted an injury on the victim D, such as a spawn, including the franchis that require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the crime;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the fact that there was no agreement with the victims of reasons for sentencing under Article 62(1) of the Criminal Act, and that there was a history that the defendant had been punished by various acts of violence, etc. prior to the suspension of execution, the defendant should be punished with severe punishment corresponding thereto. However, considering the fact that the defendant's mistake is divided into several times, etc. favorable circumstances for the defendant are considered in favor of the defendant, and the defendant's age, sex, sex, environment, motive, means, consequence, and the circumstances after the crime are considered as favorable to the defendant. It is so decided as per Disposition by taking into account all factors of sentencing

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