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(영문) 인천지방법원 2018.01.11 2017고단8149
상해
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, from around 02:00 on August 24, 2017 to around 02:40 on the same day, brought part of cash in the “D” operated by the Defendant in Bupyeong-gu Incheon Metropolitan City, which is in charge of the management of the above restaurant, and brought about the victim E (22 tax) to the mind, by spraying the victim’s face into the floor of drinking and hand. The Defendant, from around 02:0 on August 24, 2017, took off the victim’s clothes and took off the victim’s clothes.

The victim suffered injuries, such as cutting down the body of the victim for about 28 days, such as cutting down the body of the victim, cutting down the body of the non-fel, and cutting down the body of the victim, which require treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and A;

1. Application of Acts and subordinate statutes of a photograph of injury inflicted on a victim and a medical certificate of injury;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury to the basic area (from April to June) (the basic area (from January to June) (the person who is subject to special sentencing)

2. Determination of sentence: (a) the attitude of the act of committing the crime, the degree of the injury suffered by the victim, the absence of agreement, and the failure to recover the damage, etc. are disadvantageous; (b) the fact that all the criminal acts are visible and contradictory; (c) the victim’s attempted embezzlement is likely to cause the crime; (d) there is no history exceeding the same kind of power and fine; and (e) the fact that the victim did not actually endeavor to recover damage, such as making an application for perusal of personal information for deposit, shall be considered as favorable circumstances; and (e) the punishment shall be determined as ordered by the order, taking into account all such factors as the defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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