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(영문) 인천지방법원 2017.07.21 2017고단1182
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 14, 2016, at around 19:30, the Defendant: (a) heard the phrase “E” in the Jung-gu Incheon Metropolitan City D, “E” from the victim F (37 373) to the phone, and resisted from the victim F to the victim, and sought the victim from the dispute; (b) took part in the dispute, the Defendant inflicted an injury on the victim, such as the victim’s face 2:3 times by hand, while walking the victim’s 14-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written diagnosis of injury;

1. Application of the F-related Acts and subordinate statutes of the cryp photographic and cyphographics;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines - Class 1 (General Sentencing) (Special Sentencing) (Special Sentencing) of the general injury caused by violence: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered from the sources of mitigation [the scope of the recommended punishment] [the scope of the recommended punishment] two months to one year [the scope of the recommended punishment] - In the case of a person subject to mitigation (general sentencing person] - In the case of serious reflective - aggravated factors: A criminal conviction (less than ten years after the completion of the execution) of the same sentence that does not constitute a repeated offense;

2. Whether or not the suspension of execution (main reasons) - Unfavorable: Same criminal records (not more than five years of suspension of execution, not less than three times of suspension of execution, or not less than three times of fine): positive: In cases of not punishing (including serious efforts to recover damage) - negative: At least two times of suspension of execution - positive cases before and after the suspension of execution : Social relation clear, contingent crimes, serious reflectivity;

3. The Defendant, who was sentenced on February 8, 2013, was sentenced to six months of imprisonment with prison labor for an injury as well as 15 times of violent crimes, and the record of criminal punishment reaches 21 times in total.

The nature of the crime of this case and the attitude of the act of this case shall not be less than that of the crime of this case.

The defendant.

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