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(영문) 서울북부지방법원 2016.07.07 2016고단1267
특수상해
Text

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

However, the execution of imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2016, at around 15:25, the Defendant had a different opinion on the victim D (64) and working methods, other than other human father, while engaging in the unclaimed construction work at the site of the Jung-gu Seoul Metropolitan Government Dac Loans, and had a dispute at once the victim’s left-hand shoulder by inserting dangerous articles (120cm in total length).

As a result, the defendant carried dangerous articles inserted to the victim and inflicted injury on the victim, such as the left-hand check box in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Images of each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 for mitigation of a small amount (compactivity, reflectivity, victim's intention not to punish);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above favorable circumstances);

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