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(영문) 인천지방법원 부천지원 2019.10.24 2019고단1602
상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

At around 16:00 on May 4, 2019, the Defendant: (a) sought to smoke from the tea operated by the Victim C (AF) located in Bupyeong-si B; (b) made it possible for the Defendant to refrain from tobacco; (c) made it possible for the Victim to take the eye and head from drinking; (d) made it possible for the Victim to take the eye and head from drinking; (e) take the Victim’s head head head head head head head from drinking; and (e) taken the Victim’s body from drinking to drinking up; and (e) took the Victim’s body from drinking up to drinking water, etc., having no head open for three weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Each protocol of examination of partial police officers against the accused (including the portion stated in C) ;

1. Statement made to D by the police;

1. Each statement of D and C;

1. Investigation report (at the time of arrival of the site, etc.);

1. Investigation report (CCTV confirmation and investigation, etc.);

1. A written diagnosis of injury;

1. CCTV images;

1. On-site photographs;

1. Damage photographs, etc.;

1. Application of Acts and subordinate statutes to photographs of damage submitted by the victim (the statements of the victim and witness may be consistent, the contents of CCTV images, diagnostic reports, photographs of the victim, and police officers dispatched to the scene may be sufficiently believed in accordance with the observation contents of the police officers dispatched to the scene);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. The scope of recommendations on the sentencing criteria [the determination of types] the basic area [the scope of recommendations] of types 1 (Determination of the recommended area], the basic area [the scope of recommendations] 4 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below six months in the imprisonment, and the age, character and conduct, environment, circumstances of the crime and circumstances after the crime is committed.

A favorable circumstances: There is no history of punishment exceeding a fine.

Unfavorable circumstances: The victim's face is over drinking on the ground that the victim's victim enters a multilateral room operated by him/her, and refrains from smoking in a non-smoking place.

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