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(영문) 인천지방법원 2018.07.27 2018고단3485
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 11, 2018, at around 11:05, the Defendant: (a) while working along the road along the road in front of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) there was a road for the victim D (23:3); (c) there was one empty bottle, which is a dangerous object in an empty bottle in the surrounding area.

In addition, the head of the victim and the victim gets off one time from the above main disease, and approximately two weeks of treatment were required.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal investigation and investigation reports;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of the victim's injury, CCTV images in and out of main points, and to photographs of the victim;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the crime of sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the following favorable circumstances among the reasons for sentencing) lies in the Defendant’s head as an empty ward, which is a dangerous object against the victim who was on the way. In light of the circumstance and method of the crime, the nature of the crime is not good.

In the police investigation, the Defendant stated to the effect that he was unable to memory under the influence of alcohol at the time of committing the crime, and considering the method of committing the crime by using the main illness and the part of the injury, there was a risk that the Defendant’s crime may cause more severe physical damage.

After committing the crime, the defendant seems to have left the scene without taking any particular relief measures against the victim.

The defendant has a history of criminal punishment once for the crime of assault.

In the absence of the court's mitigation, since a special injury constitutes a serious crime, the statutory penalty of which is not less than one year but not more than ten years, it cannot be assessed against the defendant's responsibility for the crime.

However, the Defendant made a statement to the effect that this Court recognizes a crime and reflects the depth of the crime.

The defendant is the defendant.

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