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(영문) 인천지방법원 2017.12.20 2017고단7347
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 18, 2017, around 21:10 on August 21, 2017, the Defendant: (a) reported that the victim E (47 taxes) will take a bath to other customers with the main points of “D” located in the Nam-gu Incheon Metropolitan City, and (b) reported that the Defendant took a bath to other customers; (c) and (d) took a dangerous thing on the tables without participating in the rhetoring, and (e) took a beer flaf, which is a dangerous thing on the tables, and caused the victim to take approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs of on-site photographs and photographs damaged by victims;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, a favorable one of the reasons for sentencing) was that the Defendant, under the influence of alcohol, inflicted an injury on the victim with the beer, which is a dangerous thing, and there was a concern for a greater physical danger in that the injury part is the main part.

The defendant has a past record of criminal punishment for 11 times, and has been sentenced to a suspended sentence due to an act of violence in 2005.

In order to eradicate violence during the state, there is a need for a strict punishment for the defendant's crime.

However, the defendant makes a statement to the effect that this court recognizes and reflects a crime.

With the smooth agreement with the victim, the injured party does not want to punish the accused.

In the same way, the injury of the victim did not reach the degree of necessity for long-term treatment.

Although there are a number of criminal records against the defendant, it cannot be said that there is no record of punishment as an act of violence unless the criminal record of the above suspension of execution is excluded.

The crime of this case was committed under the influence of alcohol by drinking the victim who had expressed a desire.

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