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(영문) 인천지방법원 2019.09.26 2019고단4982

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

On June 21, 2019, around 01:30 on June 21, 2019, the Defendant, at the Bupyeong-gu Seoul and the second floor D Council members of Incheon, in which the Defendant was hospitalized, was in drinking alcohol, and was in drinking to the above hospital, and was in drinking to the victim B (the age of 65) who was the head of the above hospital, and was in drinking to the victim, and caused an injury to the victim, such as dump, dump, tension, etc. which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;

1. The scope of recommendation [decision of types] according to the sentencing criteria and the general injury [Type 1] general injury area (the scope of recommendation area and recommendation range], the basic area of injury [the scope of recommendation area and recommendation range], April through June of imprisonment; and

2. Determination of sentence: Four months of imprisonment with prison labor, one year of suspended sentence (the details of the crime committed in the market, the degree of injury of the victim, the records of the same crime of the defendant, and other circumstances, such as the age, character and conduct, environment, motive of the crime, etc.);