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(영문) 춘천지방법원 영월지원 2019.02.19 2018고단402
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:25 on July 6, 2018, the Defendant: (a) installed a container in front of the Defendant’s house in front of the Defendant’s house, and brought about a horizontal plane (1m in total length, 2m in thickness) with a dangerous object in possession of the victim, which is a dangerous object in relation to a dispute with the victim.

As a result, the Defendant inflicted an injury on the victim, such as a shoulder that requires treatment for about three weeks, and a straw of the above arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs;

1. In the investigation report (Submission of the Cggravated Diagnosis) and one copy of the written diagnosis of injury (the defendant argued to the effect that the crime of special injury is not established because he did not possess an horizontal person with the intent to inflict an injury on the victim, but does not correspond to an article dangerous to the horizontal person. However, the dangerous object includes an article that can be widely used to inflict an injury on the victim's life and body even if it is not a deadly weapon. In light of the size, material quality, etc. of the above horizontal item, it constitutes a dangerous object. As long as the defendant inflicted an injury upon the horizontal person's left part of the victim and inflicted an injury, it is recognized that the defendant carried an horizontal person, which is a dangerous object, and the defendant sustained an injury on the victim. Accordingly, the above argument is not accepted.). The application

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of this case on the grounds of suspended sentence is committed against the victim with dangerous articles, such as that the crime was committed against the victim, and the nature of the crime is not less and less severe in light of the method and risk of the crime, the fact-finding of the defendant, the agreement with the victim, the victim expressed his intention not to want the punishment, and the record of punishment exceeding the fine is

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