(영문) 인천지방법원 2018.05.31 2018고단2073

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(영문) 인천지방법원 2018.05.31 2018고단2073

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On March 4, 2018, the Defendant, at around 21:25, performed alcohol together with “D party room” located on the seventh floor of the building Nam-gu Incheon Metropolitan City building C, Nam-gu.

The victim F(33) who is a party-to-be guest in the Gu-to-be room in E and Si-si-gu (one-to-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party-one party) is "

“The victim’s right part part of the victim’s right part, which is a dangerous object cited in his hand on the ground of her resistance, was flicked to the head part of the damaged person’s head and obstructed him/her by hand, and the victim’s back part of the victim’s back part was flicked twice the back part of the victim’s back part of his/her head, which was flicked to the front flick, and flicked twice the victim’s back part.

Accordingly, the Defendant carried dangerous objects as above and put up the right frame, which requires treatment for about 42 days, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order (in accordance with the revision of the law, not applying the sentencing criteria) is disadvantageous to the point that it is obvious that the surrounding person has repeated his/her head as he/she is forced to keep his/her head on the ground that he/she meets himself/herself.

However, a certain amount of compensation (10 million won) due to the intention of the punishment system is suitable for the treatment within society more careful than that of custody in response to the previous crime.

A punishment of imprisonment with labor for not more than one year and two months shall be determined within the scope of the punishment to be imposed, but the execution shall be postponed for a period of two years on condition that community service and attending lectures for the prevention of recidivism are provided

참조조문

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