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(영문) 인천지방법원 2016.10.20 2016고단4740

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 02:10 on March 3, 2016, the Defendant, while drinking alcohol together with the victim E (n, 19 years of age), who is an employee of the above main shop, inflicted injury on the victim, such as the impairment of the character of head and other parts of the head, which require approximately three weeks of treatment, as the ice, which is a dangerous object due to misconception that the victim had taken the examination of the Defendant, and ice, which is a dangerous object, caused the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report ( investigation by telephone - F counterpart telephone);

1. Application of the Acts and subordinate statutes governing the wife of a victim when preparing a victim's photograph, on-site photograph, and statement of the victim;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case was committed by the defendant using ice, which is a dangerous object, and the risk thereof seems to have been considerable, the defendant did not reach an agreement with the victim, the defendant did not have any record of punishment exceeding the fine, and the defendant’s age, occupation, character and behavior, character, environment, circumstance and motive leading to the crime of this case, and circumstances before and after the crime, etc. shall be determined by comprehensively taking account of all the records such as the defendant’s age, occupation, character and behavior, environment, circumstances leading to the crime of this case, etc.