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(영문) 인천지방법원 부천지원 2020.01.21 2019고단3516

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 01:00 on September 7, 2019, the Defendant, while drinking alcohol at the “C” drinking house located in Seocheon-si B and 2, 2019, he saw the beer’s disease, which is a dangerous object located in the table, and assessed once the victim’s head back.

As a result, the defendant carried dangerous articles and damaged the reputation of the head of an unknown head for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police about D;

1. Application of Acts and subordinate statutes to CD-related Acts and subordinate statutes to beer-related photographs, diagnostic certificates, and CCTV data from C main points;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order committed the instant crime even though the Defendant had been subject to multiple punishment due to violent crimes, and the instant crime was committed by the Defendant at the same time due to beer disease, which is a dangerous object, at the price of the victim’s head back and the part of the victim’s head back, resulting in an injury to the victim, etc. is disadvantageous to the Defendant.

However, considering the fact that the defendant recognized the crime of this case, the fact that the victim paid 2 million won to the victim and agreed with the victim, etc. as favorable to the defendant, the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., as stated in the records and arguments of this case shall be comprehensively taken into account, and the punishment shall be determined as ordered, and the execution of the sentence shall be suspended.