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(영문) 인천지방법원 부천지원 2017.12.15 2017고단2131

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2017. 4. 10. 03:30 경 부천시 B에 있는 상호 불상의 술집에서 평소 알고 지내던 피해자 C(41 세) 등과 함께 술을 마시다가 피해자에게 술을 사라고 하였으나 거절당하자 화가 나 피해자를 부천시 부천로에 있는 하나은행 앞 도로로 데리고 가 손바닥으로 피해자의 얼굴 부위를 2회 때리고, 고개를 숙인 피해자의 얼굴 부위를 발로 1회 찼다.

As a result, the Defendant inflicted bodily injury on the victim during the period of 14 days to the right-hand side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (a statement by a victim);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 257(1) of the relevant Act as to the crime, Article 257(1) of the Criminal Act as to the selection of punishment, the reason [the scope of recommendation] for sentencing of punishment of imprisonment [the scope of general injury] is the basic area (from April to January 1) (no special sentencing person] [the decision of sentence] unfavorable: The defendant's face is 2 times the victim's face on the hand floor on the ground that the defendant rejected the victim's request for drinking, and the face is taken once again. The motive and quality of the crime is not very good, the fact that there is no agreement with the victim, the fact that the history of punishment for the same kind of crime is favorable: The fact that mistake is recognized and contradictory to the fact that there is no record of the crime, the means of the crime, the circumstances after the crime, etc., and the various conditions of the punishment as stated in the text of the punishment are considered as follows.