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(영문) 춘천지방법원 2017.06.07 2016고단1111
특수상해
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who has no fixed occupation.

The Defendant introduced the Defendant’s friendly victim G(57 years old) to E as a defect that the Defendant newly constructed the penta F of the Gangwon-do Gangwon-gun, but the damaged party was not completed the construction within the agreed construction period.

On August 23, 2016, at the construction site of the above gate around 10:20 on August 23, 2016, the Defendant delayed the construction due to the collapse of the victim E.

When hearing that "the victim's face is changed by paying additional construction cost" and "the victim's face is cut up once by the defendant's math, and the victim's finger, shoulder, head, etc. is 10 times as follows: the victim's fingers, shoulder, head, etc. are 3 middle-water dulging flafing, etc., the right side of which requires approximately six weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G, H and E;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury, a medical certificate, a damaged photograph, and a photograph;

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

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act ( Taking into account the following factors in sentencing favorable to the accused):

1. Article 62 (1) of the Criminal Act on the stay of execution (the following factors have been repeatedly considered for sentencing favorable to the defendant);

1. The crime of this case, which inflicted bodily injury on the victim by carrying dangerous objects with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is an element of sentencing unfavorable to the defendant, such as the following: (a) the crime of this case itself is not in itself bad quality; and (b) the degree of damage to the victim is not less minor; and

However, the defendant seems to have shown that he was aware of and against the crime of this case, and each item of the defendant's appearance was dangerous compared to that of the general items in light of its form.

The defendant appears for the victim.

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