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(영문) 인천지방법원 2018.10.24 2018고단5834

상해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 10, 2018, at around 10:50, the Defendant suffered injury, such as double duplics, which affected the victim’s face and chest part, twice twice the victim’s 42 days of medical treatment due to the reason of the Defendant’s retirement allowance payment of the Defendant’s wife G (54 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. The basic area (four months to one year and six months) of the sentencing criteria [the scope of recommended punishment] general injury (the general injury) (the person who is subject to special sentencing)

2. 선고형의 결정 피고인이 자신을 따라오는 피해자를 향해 뛰어들며 얼굴을 발로 찼고, 나 동그라졌다가 일어서서 다가가는 피해자의 가슴을 다시 발로 찼다.

In spite of the degree of injury inflicted by the injured party due to a druplicative injury, etc. for a period of 42 days, damage was not recovered.

However, the defendant seems to have committed a crime contingently at the end of a dispute, and there was no assault any longer due to the kind of people around the region.

The defendant is against the crime and is the first offender.

In full view of the above circumstances, the punishment as ordered shall be determined as above.