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(영문) 인천지방법원 2020.07.23 2020고단1766
상해
Text

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

Reasons

Punishment of the crime

On September 20, 2019, at around 04:20, the Defendant, at the toilet located in Seo-gu Incheon Metropolitan City, brought about a dispute with the victim C (the age of 27) who is a smoke in the toilet in Seo-gu, Incheon, and the mobile phone use, and caused the victim's face by taking the head debt of the victim and drinking the victim's face by drinking the victim's hand. When the victim left away from the toilet to the outside of the damaged toilet, the Defendant sustained the victim's head debt by drinking the victim's face, resulting in the victim's injury, such as the closed inside and the mouth that require approximately 8 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of suspect C:

1. The victim's photograph No. 1. The victim's photograph and the victim's photograph submitted by C [the defendant and his defense counsel do not have any fact about the victim's head debt, and the victim's face is merely when the victim's face is taken up not by drinking, but by drinking. However, the victim consistently stated that the defendant was faced with the victim's head debt over two occasions, and it is reasonable to view that the above injury was caused by drinking, not by the victim's hand floor, in light of the degree of injury shown in the damaged photograph, the victim's body and diagnosis, and the treatment period, and therefore, the above injury was not caused by drinking, not by the victim's hand floor, and thus, the above argument is not accepted.]

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence: The victim has committed a harmful act against the defendant in the course of dispute, in light of the mode of crime, degree of damage, relationship with the victim, etc.;

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