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Reasons
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(영문) 인천지방법원 2016.05.26 2016고단2010
특수상해
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A defendant shall be punished by imprisonment for one year.

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

around 01:40 on March 14, 2016, the Defendant drinking alcohol together with the victim D (son, 48 years of age) in Jung-gu, Incheon, Jung-gu, and 2nd floor C5 around 01:0, and the Defendant went through drinking with the victim D (son, and 48 years of age). As it was time for the Defendant to see the Defendant’s age three, the Defendant followed her head by the victim, the beer, and the beer’s disease, which is a dangerous object on the table, once the victim’s head was 1 time, and followed by the beer’s disease.

In this respect, the defendant carried dangerous articles and carried the victim's treatment days, resulting in the victim's injury, such as the lusium of the lusium and the lusium of the trees.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs;

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

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

1. The observation of protection and community service order under Article 62-2 of the Criminal Act, the degree of injury suffered by the victim for the reasons of sentencing, and the fact that the defendant has been punished for the same kind of crime several times, etc., considering the unfavorable circumstances, such as the defendant's recognition of his/her criminal act, and the fact that the victim does not want the punishment of the defendant upon agreement with the victim, etc., the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as shown in the arguments of this case, the punishment shall be determined as ordered by taking into account the following factors comprehensively.

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