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(영문) 인천지방법원 2018.04.06 2017고단8784
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Incheon District Court, etc., and completed the execution of the sentence on June 21, 2015.

1. On March 3, 2017, the injured Defendant suffered injury in need of treatment for the number of days of treatment, such as the victim F (24 years old)’s face due to drinking, and then breaking the victim’s body above the floor and lowering the body of the victim, on the ground that the Defendant, while drinking alcohol within the “D” located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City and drinking tobacco and drinking it with his/her employees E, was said to said end.

2. The Defendant assaulted the victim G (36) on the ground that the victim G (36) told the Defendant to assault F at the time and place specified in paragraph 1, thereby breaking the victim’s bridge beyond the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Investigation reports (injury, etc.) and internal investigation reports (exploitic verification of weather conditions at the scene);

1. On-site photographs (the 13th page of the evidence record), photographs of damaged parts, and styp images;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe injury) of the same Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Type) Crimes (Bodily Injury) [Determination of the territory of recommendation] Basic Field (Determination of the territory of recommendation] / [Scope of recommendation] Imprisonment from April to one year and six months (general sentencing person) - Reduction element: Serious reflective element - Aggravation element: Cumulative repeated offense

(b) Category 1 (General Violence) (Determinations in the sphere of recommendations) is the basic sphere of assault crimes of Category 2 (Assaults) (Determinations in the sphere of recommendations);

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