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(영문) 인천지방법원 2016.04.07 2015고단3248
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 19:45 on April 10, 2015, the Defendant: (a) was in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) was in front of the victim D (Woo, 62 years old); (c) was in front of the victim D’s E and parking problems; and (d) was in body fighting, the Defendant: (a) was at the end of the upper end of the body of the victim’s flab; and (b) the victim was fladd with flacing her behavior, and the victim was fladding the victim by pushing the victim with her hand, and was flading the victim over the bottom of the upper end of the body of the need to identify flab for approximately 6 weeks medical treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Recording of witness D's statements in the second public trial records;

1. 진단서 [ 피고인과 변호인은, 피해자의 아들과 실랑이를 벌였을 뿐 피해자를 밀어 넘어뜨린 적이 없다는 취지로 주장하나, ① 피해자가 수사기관에서부터 이 법정에 이르기까지 일관되게 피고인이 피해자의 아들을 � 아가는 과정에서 피해자를 밀어 넘어지는 과정에서 상해를 입었다고

The fact that the victim made a statement, ② the witness of the victim also sustained the victim's bodily fighting while the defendant was satisfing with the victim's children under the influence of alcohol, and ② the victim was satisfing.

In full view of the facts consistently stated, the defendant's assertion of the defendant and his defense counsel is not acceptable, since it can be recognized that the defendant inflicted an injury upon the victim.

Application of Statutes

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Injury (general injury) in the basic area (from April to one year and six months) (no person in special sentencing)

2. Determination of sentence: The sentence shall be determined in full view of all the conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, environment, and circumstances before and after the instant crime.

Conditions in favor of the defendant: more than a fine.

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