(영문) 인천지방법원 2017.04.27 2017고단1585

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(영문) 인천지방법원 2017.04.27 2017고단1585

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 04:00 on January 31, 2017, the Defendant: (a) while drinking alcohol in the “C funeral ceremony” located in Incheon Strengthening-gun B, and (b) brought an injury on the part of the victim, such as two skins that need to be treated for about two weeks, on the ground that the victim D (48 years of age) was able to take a bath about the Defendant’s table, and was fluord with the Defendant’s table. (c) On the other hand, the Defendant d (48 years of age) took a dangerous object on the table, and flusent the victim’s head. (d) On the other hand, the Defendant inflicted an injury on the victim, such as two skins in need of two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a crime;

1. Application of the Acts and subordinate statutes on diagnosis of an injury, or photographs of an injury;

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

1. The extent of injury suffered by the victim for the reason of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is not less severe, and the fact that there was three times of punishment for the same kind of crime, etc. is against the disadvantage, the fact that there is an agreement with the victim, and the fact that there was no record of criminal punishment after 1996, etc. shall be considered as favorable circumstances, and the punishment shall be determined as set forth in the Disposition, in consideration of all the conditions for sentencing, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

-형법 제258조의2 제1항

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