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(영문) 인천지방법원 2018.09.20 2018고단4745

상해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2018, at around 02:25, the Defendant suffered from injury to the victim E in drinking while under the influence of alcohol on the ground that the Defendant demanded one of the multiple mete leases of the victim E (54 tax) for himself/herself, at around 02:25, 'D underground 'D' in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.’ (54 tax), i.e., the victim E face, etc. was taken several times, and the victim E face, etc. was cut off for about 4 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (to secure field rents and CCTVs);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of photographs appended to internal investigation reports (the 9th page of investigation records);

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing, etc. being taken into account] The ground for sentencing [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing shall be limited to two months or one year), and where punishment is not imposed (including a person with special mitigation), or where considerable damage is recovered (including a serious effort to recover damage): The main reason for suspended execution] - The positive reason for punishment is positive (including a serious effort to recover damage) - The affirmative reason was agreed with the victim, a serious reflect [decision of sentence], and the defendant is against the victim. The circumstance that is favorable for a contingent crime is already committed, or the defendant has already been committed two times before and after the same fine, and the degree of damage is not less severe, and the victim's negligence is not acknowledged to cause assault by the defendant, and the execution of the sentence is not less favorable for the defendant to the extent that the victim's price was an assault by the defendant.