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(영문) 인천지방법원 2015.07.23 2015고단1242

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 30, 2014, around 22:22:25, the Defendant arrived at the front of the Gyeongnam apartment, the destination of which is the E-si, Bupyeong-gu, Incheon, Bupyeong-gu, 206-ro, and 201, the Gyeongnam apartment 201-dong, which is operated by the victim D (the age of 54).

When the victim knew that he had arrived at the destination of the defendant and demanded the driver to get off the taxi, the defendant refused the vehicle under the influence of alcohol, and the victim again gets off the taxi due to the request of the driver to get off the taxi.

Therefore, when the victim said that the victim promptly enters the defendant, the victim's inside part of the inside part of the victim's own food was sold in several times, and the victim's right eyes down and avoided.

As a result, the Defendant inflicted an injury on the victim, such as an marine and alley, which require treatment for about 8 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Statement made to D by the police;

1. On-site reports and investigation reports on the violence case;

1. The application of the law to the effect that the medical certificate of diagnosis (the defendant asserts that the defendant's drinking is merely the face of the victim while putting him/her in a dubbial with dubage from the victim, and that there is no fact that he/she intentionally taken the victim's face. However, according to the victim's consistent statement according to the victim's consistent statement, it can be sufficiently recognized that he/she was the

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Social Service and Criminal Procedure Act [Determination of Punishment] - Types 1 (General Bodily Inflicting) (General Bodily Inflicting) - Of aggravated factors, [Determination of the recommended area] / [Determination of the recommended area] 6 months to 2 years [the scope of recommendation] - None of criminal punishment for mitigated factors [the scope of punishment] - applicable provisions of applicable Acts [the scope of punishment]: 1 to 7 years sentence.