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(영문) 인천지방법원 2014.11.10 2014고단3499
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant lived together with the victim C (28 years of age) and the E Company Dormitory 208 located in Incheon Bupyeong-gu.

피고인은 2014. 4. 14. 09:00경 위 기숙사에서 피해자의 말투가 기분 나쁘다는 이유로 말다툼을 하던 중 주먹으로 피해자의 배와 얼굴을 수회 때려 피해자를 넘어뜨리고, 발로 피해자의 허벅지 부위를 1회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as the mouths around the part of the combination of 42 days of treatment, which requires approximately 42 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to medical certificates of injury committed in preparation of a doctor, and photographs of victim injury parts;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing [the scope of liability for compensation] under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders [the scope of recommending sentence] general injury [the scope of recommendation] under types 1 (2-1) (2-1) (in the case of special mitigation] in the mitigation area (2-1) (including efforts to recover damage), in the case where damage has been restored to a considerable part (the decision of sentence], although the degree of injury is serious, the defendant is the first offender who has no previous criminal records of the same kind; the defendant has agreed smoothly with the victim by dividing the crime; the defendant's age, character and conduct, and environment are considered the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, and environment.

It is so decided as per Disposition for the above reasons.

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