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(영문) 인천지방법원 2018.05.10 2017고단3847
특수상해
Text

A defendant shall be punished by imprisonment for nine 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

On May 19, 2017, at around 19:50, the Defendant c'C located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, with the victim D(54) and a usual appraisal on the road. On May 19, 2017, the Defendant shicked the victim's head one time with cement brick (21cm in width, 12cm in length) which is a dangerous object, and dried up the victim's head and dried up in drinking.

Accordingly, the defendant used dangerous things to create a dicule part of the number of days of treatment to the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on photographs;

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 48(1)1 of the Criminal Act (amended by Act and subordinate statutes) of the Confiscation Act (unapplicable to the sentencing criteria) is obvious and the risk of spreading to the act is disadvantageous.

However, in light of the fact that the perpetrator has agreed with the victim as violence cases between both parties, it is appropriate to treat the perpetrator in a prudent society.

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