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(영문) 인천지방법원 2017.01.25 2016고단7756
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2016, at around 01:00, the Defendant suffered injury to the victim D (34) and female problems in front of the singing toilet in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On April 30, 2016, the Defendant suffered injury, such as the failure of the wall and the left-hand side of the victim in need of approximately six weeks of treatment by drinking home.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol with regard to D;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Although the degree of injury on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is not somewhat weak, considering the background of the crime, it appears that the victim is also responsible for the occurrence of the crime as a contingency crime, there was no force of violent crime for about ten years, and there was no agreement with the victim, and taking into account the following factors: the Defendant’s age and environment, etc., the sentence shall be set within the scope of the sentencing guidelines and the execution of the sentence shall be suspended.

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