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(영문) 인천지방법원 2018.01.11 2017고단6745
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

around 01:05 on May 4, 2017, the Defendant reported that the Victim F (34 years of age) was in front of the E convenience store located in Nam-gu Incheon Metropolitan City D, while working together and talking at the same time, and reported that the mixed-level language was defective, the Victim G (V, 54 years of age) who saw the Victim F at the time of vision two times as a drinking by drinking the victim’s face part of the victim’s f., and embling it in his hand, and f.o., the Defendant f., who sawed the victim F., f., g., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in the crime of injury to victims G with heavy circumstances);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than ten years and not more than six months;

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

(a) Basic crimes and concurrent crimes (determination of types), violent crimes, general bodily injury, and Type 1 (Scope of Recommendation) (Scope of General Injury) (Scope of Punishment) shall be sentenced to imprisonment for April to 1 year and six months (basic area);

(b) Criteria for handling multiple crimes: Imprisonment with prison labor for April to two years (the lower limit shall be four months, which is the lower limit of the scope of sentence for basic crimes, and the upper limit shall be one year and six months, which is the upper limit of the scope of sentence for concurrent crimes, plus nine months, which is 1/2 of the upper limit of the scope of sentence for basic crimes);

3. Determination of sentence: One year of imprisonment, and two years of suspended execution, each of the crimes of this case by the defendant shall be the injury to two victims, and the nature of the crime is not good;

. Of them:

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