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(영문) 인천지방법원 부천지원 2017.08.11 2017고단991

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 25, 2017, the Defendant: (a) boarded on the taxi platform located in Seocheon-si, Seocheon-si; (b) viewed the victim E (72) to go on the fire shooting distance located in the fire-fighting road located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu, Seoul; (c) however, the victim tolds that he could not go to the destination; (d) caused the victim to go on the victim’s chest, and (e) caused the victim’s injury to the victim by cutting off the pel part of the victim’s coke at about three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (Confirmation of a motor vehicle black box);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes attaching photographs to damaged photographs, black stuffs images, CDs, black booms, and photographs;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Injury [No person subject to special sentencing] / [Determination of sentence] : The defendant has a complaint against the victim's legitimate refusal of boarding, and suffered injury while making a trial with the victim. The crime is not good, the defendant is not agreed with the victim, the fact that there is no agreement with the victim, the fact that the records of punishment for the same kind of crime are recognized as crimes, and the degree of injury seems to be relatively excessive, and the defendant's punishment is determined as ordered by taking account of various kinds of punishment as shown in the theory of records and changes such as the background of the crime, the means of the crime, the circumstances after the crime, etc.