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(영문) 인천지방법원 2018.09.07 2018고단4978
특수상해
Text

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

around 01:50 on June 30, 2018, the Defendant drinks with victims C (45 years of age) and other women without any specific reason in the Dong-gu North Square located in the floodgate of Dong-gu Incheon Metropolitan City, Dong-gu, Incheon.

I think, the head of the disease, which is a dangerous object, was taken to the head, and the victim was unable to know the treatment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

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. In full view of the circumstances and details of the instant crime, previous convictions, etc., there is a habitive wall that enables the Defendant to drink alcohol, taking into account Article 62-2 of the Criminal Act, Articles 44-2 and 2-3 subparagraph 2 of the Medical Care, Custody, etc. Act (hereinafter “the instant crime”).

The crime of this case on the grounds of sentencing is determined, and the risk of recidivism and the need to receive treatment is also recognized). The crime of this case on the grounds of sentencing is committed by the defendant by putting the head of the victim who was drinking in front of the steel basin into the main disease, thereby causing the corrosion of the crime. In light of the risk of the crime’s tool, degree of damage, etc., the crime of this case is not less light

There was no agreement with the victim on the recovery of damage or damage.

The Defendant had a history of criminal punishment on 16 occasions, and committed the instant crime, even though he/she was punished three times by a fine by committing the instant crime at the place of the instant crime, and again committed the instant crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant seems to have been receiving alcohol dependence treatment at the hospital.

In full view of the above circumstances, the sentencing conditions specified in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the sentence is determined as per Disposition and its execution.

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