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(영문) 인천지방법원 2017.12.08 2017고단6709
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

피고인은 2017. 6. 25. 00:50 경 인천 서구 C 건물 앞 도로에서, 피해자 D(28 세) 가 자신을 기분 나쁘게 쳐다본 것에 대해 화가 나, 손으로 피해자를 밀어 넘어뜨리고 발로 피해자의 얼굴과 머리 부분을 수회 걷어찼다.

As a result, the Defendant inflicted injury on the victim, such as inside the 56-day unit of care, and cutting the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigation report (On-site inspection of weather expenses);

1. Application of Acts and subordinate statutes on diagnosis of injury, damage photographs;

1. Relevant Article 257 of the Criminal Act, Article 257 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of the recommended punishment according to the sentencing guidelines [types of determination] - Class 1 (general injury) (special sentencing person) - Aggravation factors: serious injury (1 and 4) / [Determination in the sphere of recommendation] increased [the scope of the recommended punishment] 6 months to 2 years [the scope of the recommended punishment] increased by imprisonment, 6 months to 6 years [the general person in charge of sentencing] reduced factors: serious reflectness and no history of criminal punishment;

2. Whether to suspend the execution (main reasons): - Where the result of serious injury occurs, positive: None of the past criminal punishment (general reasons) - No effort to recover negative damage is made - positive: There is no serious reflect or no criminal record of suspension of the execution.

3. The Defendant: (a) sentenced the victim to a sentence on the ground that the victim would be bad; and (b) caused injury to the victim, such as the face and head of the face, and walking several times; and (c) caused the victim to face and head of the body for about eight weeks in need of treatment.

The part and degree of the injury suffered by the victim is very serious, and the nature of the crime is also very good in light of the details and attitudes of the crime.

After committing the crime, the Defendant left the scene without taking any particular relief measures against the victim.

It was agreed with the victim or received a letter from the victim.

There is no extenuating circumstance to view.

However, the defendant recognizes and reflects the crime in this court.

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