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(영문) 인천지방법원 2018.11.16 2018고단6807

특수상해

Text

Defendants shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, each of the above punishments shall be executed for two years.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2018. 6. 9. 20:20 경 인천 서구 D에 있는 ‘E’ 업소에서 자신의 일행과 술을 마시던 중 피해자 F(45 세) 이 자신을 쳐다보았다는 이유로 화가 나 “ 뭘 쳐다봐 이 새끼야 ”라고 소리치며 테이블에 놓여 있던 위험한 물건인 카스 맥주병( 전체 길이 23cm , 지름 6cm )으로 피해자의 이마를 1회 내리쳐 피해자에게 2 주간의 치료가 필요한 이마 부위 열상의 상해를 가하였다.

2. The Defendant B spawn the group customers at the time and place described in paragraph (1).

“A police officer slope belonging to the Incheon Western Police Station G District Unit of the Incheon Western Police Station who received a report of 112, to arrest the above A as a current offender, and the above H will not be arrested.

"............. by hand, the face of the above police officer was sealed, and the police officer’s 112 report handling and arrest of a flagrant offender interfered with legitimate execution of duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H and F;

1. A written statement of I;

1. Application of Acts and subordinate statutes to related photographs and diagnostic notes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment

1. 집행유예 ▷ 피고인들 : 형법 제 62조 제 1 항

1. 수강명령 ▷ 피고인 A : 형법 제 62조의 2 양형의 이유

1. Defendant A

(a) The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, and the area of mitigation (from April to one year) (the area of special injury) is not subject to the punishment;

B. The crime of this case committed by the Defendant, on the grounds that the Defendant was aware of the victim at his main place, was inflicted an injury on the victim by beer disease on the ground that the Defendant got the victim to commit the crime, not the crime’s nature in light of the tool and method of the crime, the risk of harm, etc.

However, the defendant makes a confession of crime.