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(영문) 인천지방법원 부천지원 2017.05.12 2017고단439
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. On December 7, 2016, when the Defendant stopped a vehicle in front of F on a 07:50 December 7, 2016, Defendant A requested the victim B (the 45 years old) to move the vehicle, but failed to comply with the request, resulting in the victim’s batf, and carried the batf, which led to the victim’s batf, and caused the victim’s injury to the batf, which requires approximately two weeks of treatment.

2. Defendant B, at the above date and time, was carried out as a vision for the foregoing reasons, and franchis of the victim A (51) and franchis of her head, was inflicted upon the victim’s head, and the victim’s chests and clothes were taken to undergo approximately 18 weeks’ chests and her head, thereby causing injury to the victim’s franchis that requires approximately 18 weeks’ treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A medical certificate for each injury and a certificate of hospitalization;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Relevant Article 257(1) of the Criminal Act and the Defendants’ choice of punishment for the crime: The Defendants’ choice of punishment for imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Order to attend lectures and defendant B: Grounds for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Defendant A [the scope of a recommended sentence] General In the area of special mitigation (one-one year from January to one year) [the person who is specially mitigated] of minor injury (including the person who has been specially mitigated), the victim of punishment is not subject to punishment (including the efforts to recover damage), or the victim of considerable damage has been recovered;

B. Defendant B [Scope of Recommendation] General In cases where the basic area (from April to one year and six months) (special mitigation (including serious efforts to recover damage) or considerable damage was restored to the extent that Defendant B’s injury was not subject to punishment (including serious efforts to recover damage) or serious injury (type 1 and 4).

2. Determination of sentence of this case by comprehensively taking into account the various sentencing conditions, including the nature of each of the crimes in this case, the circumstances leading to the crimes, the degree of each injury, the records of punishment for the same kind of crime (Defendant A1, Defendant B7), and mutual agreement.

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