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(영문) 인천지방법원 부천지원 2017.06.23 2017고단977
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 9, 2017, the Defendant: (a) around 20:15 on the street in front of the building B in Seocheon-si, Seoul; (b) around 20:4.15, the Defendant performed a trial expenses for the victim (40 Does) and parking problems; (c) performed franchising with the left hand of the victim; and (d) knick blades, which are dangerous articles in possession of lue hand, were placed above the part of the damaged person.

As a result, the Defendant inflicted injury on the victim on the base of the climatic base and tension in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged people and photographs of harming people;

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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under the Criminal Act is committed with multiple-use knife, which is a dangerous object for the reason that the defendant was a minor parking problem, and causing an injury to the victim in light of the nature of the crime, the defendant is against the confession of the crime of this case, the defendant's agreement with the victim that the victim does not want the punishment of the defendant, the defendant did not have any past record of punishment exceeding a fine, and the degree of damage is relatively minor, and the punishment like the order shall be determined by taking into account various sentencing conditions shown in the argument of this case, including the fact that the defendant has no record of punishment in excess of a fine, and the degree of damage is relatively minor.

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