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(영문) 인천지방법원 2020.09.16 2020고단1854
상해
Text

A defendant shall be punished by imprisonment for one year.

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

On October 25, 2019, the Defendant, at around 05:40 on October 25, 2019, hereinafter “C” main points located in Incheon Strengthening Group B, took a bath from the victim D while drinking alcohol together with the victim D. On the ground that the Defendant: (a) laid the victim around the above restaurant entrance to the floor; (b) laid the victim above the floor; (c) laid the victim’s face, body booms, etc.; and (d) inflicted injury on the victim, i.e., internal and fladation of internal 12 weeks of treatment.

Summary of Evidence

1. Each police's protocol of interrogation of suspect Eul of the defendant's legal statement E of witness E;

1. Application of Acts and subordinate statutes to each victim's photograph, such as a written statement of the F in-house CCTV image diagnosis report;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including special person who has a penalty): Reduction element of punishment (including serious efforts for recovery of damage): Aggravation of punishment (including the area of recommendation and the scope of recommendation], basic area of injury (the scope of recommendation and recommendation], April through June of imprisonment;

2. As indicated in its reasoning, the Defendant rendered a sentence of sentence: (a) when the victim was taken several times due to drinking and saliva; and (b) when the victim was salvated, the Defendant was

Although the Defendant had had a record of criminal punishment several times due to violent crimes, such as the crime of injury in the past and the violation of the Punishment of Violences, etc. Act, he/she repeated the same kind of crime.

The degree and attitude of the type of the defendant's use is not easy, and considering the part and degree of the victim's injury, it seems that the risk of the act itself was very important.

The defendant's responsibility for the crime of this case is heavy.

However, the defendant is the defendant.

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