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(영문) 인천지방법원 부천지원 2018.04.12 2018고단25

상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 23, 2016, the Defendant, at around 04:00, assaulted the victim D (46 tax) at the Defendant’s house located in Kimpo-si Kimpo-si, on the ground that he told the victim D (46 tax). However, by assaulting the victim’s shoulder, the Defendant inflicted an injury on the victim, such as the completion of the 28-day medical treatment on the right side of the 28-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (a document accompanied by a record of the submission of the complainants);

1. A written diagnosis of injury;

1. Recording recording (the sequence 6 of the list of evidence);

1. Application of the Acts and subordinate statutes governing photographs of parts of DNA damage and the field photographs A submitted;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] is the mitigated area (two months to one year) [the person subject to special mitigation] or considerable damage is recovered (including serious efforts to recover damage): the degree of the injury in this case is not easy; the victim seems to have suffered considerable damage due to the crime in this case; the circumstances that the defendant recognized and reflected that the defendant had been punished four times more favorable for the same crime; the defendant agreed with the victim; the motive and background of the crime; relationship with the victim; the means of the crime; the circumstances after the crime; and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing factors as indicated in the records and arguments, such as records and changes.