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(영문) 인천지방법원 2014.09.24 2013고단3581
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 April 25, 2013, at around 20:20, the Defendant used alcohol to the victim E (the age of 45) at the front of the Dju store located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, but did not hear the horses, and caused the back water to the back water by using it on the floor when the face of the victim can be taken by hand.

As a result, the Defendant caused cerebral typhism to which the number of days of treatment can not be known.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Statement of the police statement of E;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes of the general medical certificate;

1. Article 257(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Inflicting the general scope of advisory sentences: Type 1 (Bodily Injury) in the basic area (from April to one year and six months) (Special Mitigation) in the basic area ( from April to one year), in violation of punishment, in violation of Article 1 (Special Mitigation), and injury;

2. In light of the fact that the sentenced victim suffered serious injury and that there have been several records of punishment for the same kind of crime, the accused must be punished strictly.

However, the above special mitigation factors and approximately 2 months' prison life are against the defendant, there is no significant penalty force exceeding the fine since 1990, the circumstances leading to the crime of this case, and other various factors of sentencing, such as the defendant's age, character and conduct, etc., shall be determined in consideration of the above factors of sentencing.

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