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(영문) 인천지방법원 2018.08.23 2018고단4613

상해

Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for one year from the date of the final judgment of this case.

Reasons

Punishment of the crime

1. On February 15, 2018, the Defendant: (a) at the entrance of the restaurant of the D market of the Incheon-si, the Incheon-si, Incheon-si, the Defendant: (b) 18:17: (c) informed the Victim B (32) of the point of smoking tobacco; (d) 1/1 when the Victim’s back water was boomed by hand; (e) took a hand-time check with the Victim, etc.; and (e) took twice the Victim’s face, the Defendant inflicted an injury on the Victim, such as an unstable b3 days in front of the right shoulder, which requires treatment.

2. As described in paragraph 1, Defendant B, as the Defendant stated in paragraph 1, she saw a stone, which is an object dangerous to the victim’s left hand, and inflicted injury on the victim, such as the victim’s face one time, the victim’s side glass once, the victim’s chest by hand, one time, and the victim’s chest due to head 28 days, and suffered injury on the right side, 3, 4, and 4, on the right side where treatment between 28 days is required.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol for the Defendants and E

1. Statement made by the police with regard to F;

1. An injury diagnosis certificate and each medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis and diagnosis reports and submission of written agreements, etc.);

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Articles 258-2(1) and 257(1) of the Criminal Act;

1. Defendant B to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants to a suspended sentence: The grounds for sentencing under Article 62(1) of the Criminal Act (referring to the repetition of favorable circumstances among the grounds for sentencing under the following subparagraphs)

1. Defendant A [the scope of a recommended sentence] General Injury (the scope of general injury) committed assault against the victim on the grounds that the mitigation area (two months to ten months) [the person who has been specially mitigated] was not punished (the decision of sentence), six months of imprisonment with prison labor, and one year of suspended sentence.

There are criminal records of the same suspension of execution.

However, the fact that the defendant recognized his mistake and against himself, and that the defendant suffered serious injury due to this case, and that he agreed to do so.