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(영문) 인천지방법원 2018.07.20 2018고단3160

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 February 19, 2009, the Defendant: (a) around 23:00, at “D main points” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) at “D main points,” (c) the victim E (34 34 h) and drinking while drinking, and (c) had a beer’s disease, which is an object dangerous to the table, one time a part of the victim’s left head; and (d) caused the victim to walking the victim’s body several times, the Defendant left the victim’s left head at around 3 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime of this case where the defendant inflicted an injury upon the victim’s head due to beer’s disease requiring approximately three weeks’ medical treatment, and the crime’s quality is less than that of the crime in light of the danger of the criminal tools, the degree of damage, etc.

There was no agreement with the victim on the recovery of damage or damage.

On February 2018, the defendant, immediately after the case, fleded to investigate and damaged the criminal investigation.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

Although the defendant tried to agree with the victim, there was no agreement between the victim and the victim.

Although the Defendant had three times criminal records, both of them constitute a relatively minor criminal record (i.e., a fine of one million won for the crime of inflicting bodily injury in 2009). In full view of the above circumstances, the sentencing conditions specified in the trial process of the instant case, including the Defendant’s character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered.