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(영문) 인천지방법원 부천지원 2017.08.24 2017고단1591
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 02:00 on June 27, 2017, the Defendant: (a) on the table table in front of the “C” convenience store located in Seocheon-si B, and (b) on the victim D (53 tax), annoyinglyinglying the Defendant’s daily behaviors, by continuing to drink, etc., and (c) on the part of the Sinan-si, and (d) on the face of the victim, the Defendant laid down the victim’s right face by gathering the fluor’s disease located there, and laid down approximately 6 weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D (List 8);

1. A E statement (List 1);

1. Medical records, etc. (list 11), and medical certificates (list 16);

1. Application of Acts and subordinate statutes to each photograph (List 2, 3, 4);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment of this case is determined as ordered by taking into account all the factors of sentencing as shown in this case, including the defendant's age, sex, living environment, circumstances after the crime, etc., in order to prevent the recidivism of the same or similar crime under Article 62-2 of the Act on the Protection, Observation, etc. of Military Service Order, Article 59 of the Criminal Act, and Article 4 million won, which are favorable to the defendant (a confession, reflectiveness, no longer than a suspended sentence has been yet to be imposed, and the victim may have been able to have committed violent crimes that are likely to cause an excessive threat to another person under the influence of alcohol, but the crime of this case may be committed again with a dangerous object under the influence of alcohol, and the nature of the crime is deemed to require thorough control, management, and education on the drinking habits and behavior of the defendant in order to prevent the recidivism of the crime of the same or similar kind of crime).

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