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(영문) 인천지방법원 2017.01.20 2016고단8730

상해

Text

A defendant shall be punished by imprisonment for four months.

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 November 29, 2016, at around 23:30, the Defendant suffered injury, such as a escape from fright, strike, etc., of franchising on the right side of the victim, who is an employee of the said main shop, once on the hand floor of the victim's face, due to the victim D (24 tax) and service problems, etc., in front of the main shop in Yeonsu-gu Incheon Metropolitan City B7 commercial building, and caused injury to the victim, which requires treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes to photographs by means of a death diagnosis certificate and CCTV closure;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order and the reason for [the scope of recommendation] of the general injury [the scope of recommendation] of Article 62-2 of the Social Service Order does not exist [the person subject to special sentencing] [the decision of sentencing] [the defendant's sentencing] is contrary to the defendant and recognized as committing a crime. The defendant has no record of imprisonment without prison labor or heavier punishment, the defendant's age, sex behavior, environment, motive and circumstance of the crime, etc., and all the conditions of sentencing as shown in the records and arguments of this case, including the defendant's age, sex, environment, motive and circumstance after committing a crime, etc., shall be determined as ordered.