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(영문) 인천지방법원 부천지원 2018.09.07 2018고단1790

상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 1, 2017, at around 22:40 around Kimpo-si B and 2, the Defendant: (a) requested for payment of the balance of interior works from the victim D (50 tax) to pay the balance of interior works; (b) concealed the victim’s breath in hand; and (c) stored the victim’s face and head in arms.

As a result, the Defendant committed a brain-dead spawn, spawn salt and tension with a head that requires approximately three weeks of treatment, and a tension spawn spawn and a tension spawn spawn.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Written statements of D;

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

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The grounds for sentencing, which are favorable to the reasons for sentencing] [the scope of recommendation] general injury [the scope of recommendation] and the basic area (from April 1 to June) [the person who is subject to special sentencing] of Article 62(1) of the Act on the Suspension of Execution [the decision of sentence] [the fact that the defendant has a variety of records of identical and similar crimes, and that no agreement has been reached with the victim, etc. are good reasons for sentencing for the defendant.

However, it appears that the defendant's mistake reflects the motive and circumstance of the crime of this case, the victim's injury degree, relationship with the victim, the content of the victim's partial injury, etc., and the defendant's age, sex behavior, family relationship, economic situation, etc. are considered comprehensively, and the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the trial.