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(영문) 인천지방법원 2018.07.12 2018고단1944

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 02:30 on August 18, 2017, the Defendant, “C” located in Seo-gu Incheon, Seo-gu, Incheon, caused the victim D (37 tax) to make a half-yearly tobacco in front of the main point of “C”, thereby causing three times the victim’s face to be treated for about six months, thereby causing injury to the victim, such as a spathal of the baby requiring treatment for about six months.

The defendant and the victim E(27 years) of 2018 [2018 Highest 3692] are the same workplace rent.

On April 29, 2018, at around 01:55, the Defendant, in front of the toilets in the F building in Jung-gu Incheon Metropolitan City, has a dispute over the business issues between the victim and the workplace. However, at around 10 times the face of the victim due to drinking, the Defendant was able to inflict an injury on the victim in the number of days of treatment.

Summary of Evidence

"2018 Highest 1944"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury "2018 high group 3692";

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 257 (1) of the Criminal Act and the choice of imprisonment;

1. Grounds for sentencing of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of concurrent Crimes with Punishment concerning Victims D with Severe Crimes) of the Criminal Act by aggravation of concurrent Crimes;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years and not more than six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types), violent crimes, general bodily injury, and Type 1 (General Injury) [Scope of Recommendation] Imprisonment with prison labor for up to four months from one year and six months (basic sphere);

(b) Concurrent crimes (determination of types), violence crimes, general injury, and type 1 (general injury) [Special Sentencing Persons] mitigation elements: Non-existence of punishment (the scope of recommending punishment] (the scope of recommending punishment) from 2 months to 1 year (the scope of mitigation);

(c) Criteria for handling multiple crimes: Four months to two years of imprisonment (the lowest shall be four months, which is the lowest limit of the scope of sentence for a basic crime, and the upper limit shall be one year and six months, which is the maximum limit of sentence for a basic crime, plus six months, which is one-half of the upper limit of the scope of sentence for a concurrent crime);

3. Determination of sentence: The victim of the defendant for six months;