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(영문) 인천지방법원 2016.08.12 2016고단3973

상해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, on June 25, 2016, was under the influence of alcohol on the front report of the bank located on the paths No. 87 for the calculation of Gyeyang-gu, Incheon, Gyeyang-gu, and the victim C (14 tax) (14 tax), D (14 tax) passing through which the Defendant was under the influence of alcohol on the front report of the bank located on the roads No. 87 for the calculation of Gyeyang-gu, Incheon.

Before the 2-day medical treatment of the victim C, the victim made an assault, such as flicking the head debt of the victim C, flicking the face of the victim C with his hand, kneeing the head debt, raising the face of the victim C with knee and raising the face of the victim C.

2. The Defendant, at the time, at the time, and place described in the above 1. Paragraph (1) above, assaulted the victim’s head debt, which reported that the victim C met, and prevented the victim’s head debt, by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, G, C, and D;

1. Application of the Acts and subordinate statutes, such as a medical certificate of injury, field photograph (victim C photograph);

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 Crimes (Bodily Injury) (Scope of Recommendation) and No. 1 Crimes (General Bodily Injury) in the basic area (from April to January 1) (no person in special sentencing)

(b) Class 2 Crimes (Assaults) (Scope of recommended punishment) and No. 1 Crimes (General Assaults) and the basic area (from February to October) (no person who is subject to special sentencing).

(c) The scope of final sentence due to the aggravation of multiple offenses: April to November; and

2. Determination of sentence is against the Defendant, and the fact that the Defendant recognized the crime was considered as favorable to the Defendant.

However, the defendant's crime of this case was used by the defendant to the minor victims without any particular reason, and the crime was not committed, and there was no agreement with the victims.