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(영문) 인천지방법원 부천지원 2018.09.20 2018고단1488
특수상해등
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

1. On April 24, 2018, around 01:40, the Defendant suffered injury to the victim for treatment days by having the victim D (28 years of age) and drinking alcohol of the Defendant-friendly arrest victim at the drinking house located on the first floor of the building B in Bupyeong-si, 2018, while the victim of the victim’s own flag had the Defendant d (28 years of age) with the Defendant’s head when the Defendant flaged with his head, etc., and had the victim flaged with the flag, which was a dangerous thing in the above drinking house.

2. The Defendant damaged property, at the time and place specified in paragraph 1, 2 of the victim E, who is the operator of the foregoing drinking house, was destroyed by the victim E’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The act of causing injury to a person who was killed in steel was not appropriate, and the victim D was exposed to the head due to the crime of this case.

- However, there are some circumstances that D had first taken into account the defendant and the motive for the crime.

- Specially injured victims D and property damage E and investigative agencies have agreed smoothly.

- has been punished by a fine due to the crime of injury, assault, etc.

There is no record of punishment beyond a fine.

- Other factors such as the motive, method of crime, and circumstances after the crime shall be determined in accordance with the order.

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