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(영문) 인천지방법원 부천지원 2017.12.15 2017고합220

중상해

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 March 18, 2017, around 02:15, the Defendant: (a) performed the operation and test of “D” in the trade name of “D” located in Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) took the Victim E (22) toward the stairs outside the drinking house; and (c) took a bath to “Choe fro”; (d) took the part of the Victim’s head, flaging the Victim’s head, flaging the Victim’s head, and expanding the Victim’s left eye to the stairs.

As a result, the Defendant suffered serious injury to the victim, such as pathic pathic disease in the face where the number of days of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a written disability diagnosis;

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [types] and the scope of the recommended punishment [the scope of the recommended punishment] types 2 (Special Sentencing) (the scope of the recommended punishment] and the source of punishment (the scope of the recommended punishment] shall be six months to one year and six months (the area of mitigated punishment).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the victim suffered serious damage under the real name of the left eye, and the victim under the age of 23 years seems to have suffered serious inconvenience and pain in social activities and daily lives in the future, and the criminal liability of the defendant is not minor.

However, the victim's punishment is not imposed on the defendant, and the beer's disease, which was committed by the victim during the period of drinking while the defendant was working together with his/her house, was caused by an ophyom's seat for the defendant's daily activity, resulting in the crime of this case, and there are some parts to be considered in the circumstances.

In addition, the defendant has recognized his mistake, and is the age of 20 years and still.