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(영문) 인천지방법원 2016.11.24 2016고단6713

상해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant and the victim C(the age of 41) are patients hospitalized in the "D Hospital" for alcohol addiction treatment.

On June 4, 2016, around 13:45, the Defendant: (a) while drinking a victim and alcohol from a hospital in front of “F” located in Nam-gu Incheon Metropolitan City E; (b) under the influence of alcohol, the Defendant: (c) flowed the victim’s joint feascation with “feascation; (d) shouldered the victim’s joint feascation; (c) cut off the victim’s hair by hand; (d) cut off the victim’s head knick; and (e) laid down the victim’s head knife the victim’s head knife on

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (case of testimony of a witness of the H), criminal history records, inquiry report, and internal investigation report;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] general injury (the general injury) category 1 and basic area (4-1 year and 6 months) (the person who has no special appearance) and the scope of sentence comparison of recommended sentences: April-1 year and six months (the decision of sentence] with the victim, while the defendant was hospitalized in the alcohol addiction treatment hospital, he and drunkd with the victim during a more than once a month.

The crime of this case was committed.

At the time of committing the instant crime, the Defendant was also injured, but the victim did not appear separately.

Since 2001, the Defendant was sentenced to a fine of KRW 1.5 million due to an act of violence in 2005, a fine of KRW 700,000,000 due to an injury in 205, and a fine of KRW 1 million due to a property damage in 2010, and was subject to a disposition of suspension of indictment due to a crime of property damage in 2012.

Although the result of the instant injury is not minor, there is no history of criminal punishment heavier than a suspended sentence, recognition of and reflects the instant crime, and all other circumstances, which form the conditions for sentencing as shown in the pleadings of the instant case, shall be determined as the Disposition.