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(영문) 인천지방법원 2017.02.10 2016고단5441

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, at around 00:30 on March 25, 2016, while drinking alcohol together with the victim E (33 tax) at D main points located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon on March 25, 2016, stated that the victim who decided to calculate the drinking value is too much more than the expected drinking value, and that the Defendant is not the case.

On the ground that he said that he was aware that he did not know about 56 days of the victim's right eye, and caused the injury to the victim, which is in need of treatment for about 56 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, photographs taken to injure a victim;

1. The grounds for sentencing of Article 257(1) of the relevant Act and Article 257(1) of the Criminal Act regarding criminal facts [the person subject to special sentencing] type 1 (including efforts to recover damage) (the person subject to special sentencing) and Article 257(1) of the Criminal Act concerning the selection of punishment: In the event that damage has been recovered from sources of punishment (including serious efforts to recover damage) or considerable partial damage, the factors subject to aggravated punishment: serious injury (the scope of recommended punishment) [the scope of punishment] basic area, April through January 1 and June 6 [the decision of sentencing] without any particular reason, the Defendant injured the victim; thereby, the degree of injury suffered by the victim is not easy; however, the Defendant appears to have no awareness of the victim’s crime, it is recognized that there is a need for severe punishment for the Defendant.

However, the sentencing conditions, such as the fact that the defendant recognized the crime, the fact that the victim deposited money equivalent to the amount for compensation for damage, the fact that there is no particular punishment if the defendant excluded from the records of fines four times, and the motive, means and result of the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct, family environment, etc., shall be taken into account in addition to the punishment as ordered.