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(영문) 인천지방법원 2013.07.16 2013고단2896

상해

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 04:50 on May 6, 2012, the Defendant, at the Cju's store located in Namdong-gu Incheon Metropolitan City, caused a dispute between the victim D (the age of 44) and the victim D (the age of 4) to drink and drink. The Defendant, due to the beer's disease at which the victim had been living, had the victim's face and body met once the victim's head, and had the victim's body back to the floor, and had the victim met several times, and caused the victim's injury to the victim, such as the flusium, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates (D);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Code of Probation and Social Service Order is that the defendant has many criminal records related to assault is disadvantageous to the defendant.

However, a suspended sentence shall be imposed only once in consideration of various sentencing conditions, such as the fact that the defendant recognized his/her mistake and reflects his/her behavior, the payment of the amount of two million won agreed to by the victim, the full agreement with the victim, and the circumstances that may be taken into account in the course of the instant crime, but probation and social service are also ordered to prevent recidivism.