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(영문) 인천지방법원 부천지원 2018.03.22 2018고단152
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

At around 01:21 on September 17, 2017, the Defendant: (a) requested the victim D (40 taxes) who drinked alcoholic beverages from the table table in front of the C convenience store in Bupyeong-si B and performed alcoholic beverages on the side table table; (b) requested the victim’s face by the bed of the victim; (c) the bed of the victim; (d) the bed of the bed of the victim; (e) the bed of the bed of the victim; (e) the bed of the bed; and (e) the bed of the victim’s head; and (e) the bed of the bed of the body, which is a dangerous object on the table table; and (e) the escape was carried into the convenience store in driving the victim; and (e) the victim’s face was damaged by the victim’s hair, and (e) the victim’s face was damaged by the victim’s injury during two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Evidence of the injury of a victim of a convenience store assault case, and written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV video data at convenience stores);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the Defendant injured the victim due to beer cans and beer diseases, and the victim escaped within the convenience store and the convenience store employees are not very good to commit crimes, such as driving away the victim, and displaying the disease.

Although the victim's injury requires approximately 2 weeks of medical treatment, however, in the case of photographs on the part of the victim, the victim's injury is minor.

shall not be deemed to exist.

The defendant has been punished for a crime of violence.

However, in consideration of the favorable circumstances, such as the fact that the defendant has recognized a mistake and reflects it, that the investigative agency has agreed with the victim, and that there is no criminal record of suspension of execution or more.

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