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(영문) 인천지방법원 2015.07.16 2015고단2116
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 11:00 on December 17, 2014, the Defendant reported that the victim was seated with another male, sent the victim to the small room in the restaurant, opened the gate of the defect that the victim intends to come out of the restaurant, opened the gate by blocking the victim from the gate, cut down the victim by breaking the gate on the part of the victim's ship, cut the neck on both sides of the victim, prevented the victim from leaving the gate with a pipe, and then breaking the bridge of the victim.

As a result, the Defendant inflicted injury on the victim, such as 's slots on the side, sweaking, and sweaking', which requires approximately 42 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to D;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] general injury (Article 62-2) shall be determined as ordered by taking into account the following factors: (a) the mitigated area of punishment (Article 1 (Class 2-1) (Article 2-1) (Article 1) (Article 62 (Article 62-1) (Article 1) (Article 62 (Article 62-2); (b) the degree of assault and bodily injury is considerably heavy; (c) the victim has agreed with the victim; (d) there is no same record, but there has been one time of suspended sentence and six times

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