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(영문) 인천지방법원 2017.11.30 2017고단6597
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 27, 2017, the Defendant: (a) around 18:30 on June 27, 2017, at the Incheonnam-dong, the Incheon Detention House C, and at the place of public use, reported that the entrance part of the drinking water tank used for the public use is limited to the victim D (24 years of age). In addition, when the face of the victim and the breast part of the breast part, the Defendant laid down a chest aggregate that requires approximately five weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each statement of D, E, I, G, J, and F;

1. A working report;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] The basic area (4 months to one year and six months) of the first type (the general injury) [the person subject to special sentencing] of the same type (the decision of sentence] is the same criminal record, and the person committed the instant crime again without being aware of the same type of crime, and the victim did not reach an agreement with the victim, it is necessary to punish the victim with severe punishment corresponding thereto.

However, the decision is delivered with the order, considering the fact that the defendant has divided his mistake, the fact that the defendant deposited 3 million won for the victim, etc. in favor of the defendant, and taking into account the circumstances favorable to the defendant, and taking into account all the factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

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