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(영문) 인천지방법원 2016.04.08 2016고단1234

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 20, 2016, the Defendant: (a) while drinking alcohol in Seo-gu Incheon, Seo-gu, Incheon on February 20, 2016; (b) while drinking alcohol in Seo-gu, Seo-gu, Incheon; (c) while drinking alcohol in a married couple, the Defendant was able to do so from the victim D (C) who was drinking in the immediately adjacent table to the boom, and was drinking in the same manner.

‘I have heard the words ‘I'.

Therefore, while making a dispute with the victim, he collected beer's disease, which is a dangerous object on the table blobbbbb, from the victim, and left part of the victim's head was cut once.

As a result, when the defendant carried a beer, which is a dangerous thing, inflicted injury on the victim by carrying a beer's disease, and committing an injury on the brain-dead in which there is no one in two open for medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of loss (see, e.g., the following circumstances: (a) the confession and confession of the defendant; (b) the degree of injury the victim suffered is difficult to be deemed to have been significantly serious; and (c) the defendant deposited a certain amount for the victim;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above normal relationship);

1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;