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(영문) 인천지방법원 2014.08.20 2014고단3839
상해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 8, 2014, at around 19:20, the Defendant: (a) committed assault to the victim E (the age of 68) who was trying to board a bus at a numberless bus stop in front of the D Hospital located in Seo-gu Incheon, Seo-gu, Incheon, on the ground that the Defendant’s her mared with the Defendant’s mared with the Defendant’s mared, and (b) caused the Defendant to inflict an injury on the victim by assaulting the victim, such as using the victim’s breast part, leaving the victim’s chest with the victim’s kne, walkinging the knebbbbbbbs, and walking the kne in the knebbbbbbbbs, etc., requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general injury shall be the basic area (4 to 1.6 months) (special mitigation) (4 to 1.6 months) (special mitigation) - mitigated person: A victim who is vulnerable to a crime;

2. In light of the motive leading to the crime of this case and the attitude of the crime, the nature of the crime is inferior; however, the confession and reflect of the crime of this case and the victim does not want the punishment of the defendant under an agreement with the victim; the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case; and circumstances after the crime, etc., a suspended sentence shall be sentenced and the punishment shall be determined as per the order.

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