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(영문) 인천지방법원 2019.11.27 2019고단580

상해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 9, 2019, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for a special injury at the Incheon District Court for six months, and the judgment became final and conclusive on the 17th of the same month.

1. At around 20:50 on December 5, 2018, the injured Defendant: (a) heard the statement that “it is not a place to view the urine from the victim C (n'e, 54 years of age)” while she was in a streettourology in the Seo-gu Incheon Seo-gu World Commercial Building parking lot; (b) she was hicking the victim, and she was hicking the victim’s neck on the part of the victim; (c) she was hicking the victim’s hand on his/her part; and (d) she was hicking the victim for about nine weeks when she was suffering from drinking.

2. While the Defendant assaulted C at the time and place indicated in Paragraph 1, the Defendant committed assault, as seen above, against the victim D (ma, 56 years old), who is the husband of C, and committed assault, such as the victim’s booms, and the victim’s body booms against the head in the electric telegram by pushing the victim’s body.

Summary of Evidence

1. A written statement of C and D;

1. A medical certificate;

1. Previous convictions in judgment: Before disposition, reporting the results of confirmation, and applying Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of injury, the choice of imprisonment with prison labor) that govern the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (aggravating concurrent crimes within the scope of the total sum of the long-term punishments of two concurrent crimes as determined by the heavier serious injury crimes) of the Criminal Act among concurrent crimes is that the sentencing guidelines are not applicable in relation to the previous crimes as determined by the judgment of the crime and the latter part of Article 37

Without any special reason, the victims were assaulted and the degree of assault is not weak.

In spite of having suffered serious injury to the victim C, damage has not been restored.

While the defendant was tried as a special injury crime, he committed the crime of this case.

The above circumstances.