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(영문) 인천지방법원 2018.06.07 2018고단3024
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 25, 2018, at around 14:30, the Defendant, at the “C” restaurant located in the Namdong-gu Incheon Metropolitan City, suffered an injury where the number of days of treatment is unknown, such as the victim D (42 3) and drinking, and the victim’s head was removed once from the restaurant, and the victim’s face and body was 10 times due to drinking and gas. The Defendant, at around 14:30 on February 25, 2018, suffered an injury where the victim’s upper part of back to the left side was 1cm teared.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (27 pages of investigation records), investigation report (verification of black images);

1. Application of statutes on site photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing, etc. shall be taken into account) of the mitigated amount;

1. Although Article 62(1) of the Criminal Code of the Suspension of Execution lists the same criminal records and several criminal records for the reason of sentencing (the following sentencing has been taken into account), the following factors are considered, such as the defendant is against himself/herself, the degree of damage is not severe, and the injured person does not want the punishment against the defendant, and the motive and circumstances of the crime, the character

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