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(영문) 인천지방법원 2018.02.01 2017고단6942
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 July 29, 2017, around 04:30 on July 29, 2017, the Defendant demanded to make more alcohol in D, which is located in the Namdong-gu Incheon Metropolitan City, and the Defendant, a customer E (55 years) who was a guest who had drinking alcohol in the middle of the disturbance, was making the disturbance.

“ ..... ..... .... ..... ..... ...... .... the victim : (a) flicker’s face ; (b) flicker’s face ; and (c) flicker’s head and other part that require approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 59 (1) of the Act on the Protection, Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], violent crimes, general bodily injury, and type 1 (general injury): Where a person commits a crime by carrying a deadly weapon or other dangerous articles (the scope of the recommended punishment] by six months to two years (aggravating area).

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the crime of this case by the defendant shall not be deemed to have been inflicted upon the face of a victim who has no awareness of being a shouldered disease, and the nature of the crime shall not be extremely good;

However, if the defendant recognizes the crime of this case, he/she is well aware of the defendant for a period of one month and reflects his/her mistake in depth, the defendant appears to have committed the crime of this case by contingently in the drunk. The recent years, there is no significant criminal history in addition to one fine before the defendant was sentenced, the defendant's health status is not good, and there is a family member who should support the defendant, which will help them.

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