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(영문) 인천지방법원 부천지원 2020.04.10 2019고단4087

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:20 on October 26, 2019, the Defendant inflicted an injury on the number of days of treatment, such as getting out of the victim’s head, when the victim D(the age of 49) was a beer disease, which is a dangerous object on his/her own deposit, due to the drinking value, on the ground that the above president of the relevant B/C and the victim D(the age of 49) were aware of himself/herself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, such as field of a shoulder-proof disease, and a victim's blood;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order committed the instant crime even though the Defendant had been subject to multiple punishment due to violent crimes, and the instant crime was committed by the Defendant due to beer and beer who is dangerous to the Defendant, thereby inflicting bodily injury on the victim by taking care of the victim’s head at the time, which is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case and reflected, the fact that the defendant paid one million won to the victim and agreed with the victim shall be considered as favorable circumstances to the defendant, and the punishment shall be determined as ordered by comprehensively considering all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended.