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(영문) 인천지방법원 2020.05.27 2019고단9386

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 4, 2019, at around 03:25, the Defendant was punished by a trial charge on the ground that the Defendant visited a restaurant located in Namdong-gu Incheon Metropolitan City, as a customer, and visited the restaurant as a customer, and the other party’s attitude with the victim D (ma, 25 years old) who is another customer, who was a side table, did not appear in mind.

In drinking, violence was committed in consideration of the victim's face.

2. The Defendant suffered special injury at the above time and at the above time, the victim E (Nam, 25 years of age) was suffering from an empty sicker who is a dangerous object to the victim of the victim who tried to capture the Defendant, and the Defendant was faced with an empty sicker who is a dangerous object to the victim, and had approximately two weeks face of the victim to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to an investigation report (Submission of an injury diagnosis report);

1. Relevant provisions of the Criminal Act and Articles 260 (1) (the point of violence and the choice of imprisonment), 258-2 (1), and 257 (1) (the point of special injury) of the Criminal Act that apply to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Criminal Act (the first offender is the defendant; the attitude of reflecting