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(영문) 인천지방법원 2016.11.24 2016고단6463
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

At around 07:10 on August 2, 2016, the Defendant: (a) performed alcoholic beverage with the victim D (n, 54 years of age) who works as an employee of the above main shop in Namdong-gu Incheon, and (b) performed alcoholic beverageing on the ground that the victim made the victim feel self-esteem, and (c) caused the victim to do so, the Defendant her head by making the head of the victim her head one time at the beer and beer, which is a dangerous object on the table, on the table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the use of violence, criticism and photography;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The fact that the degree of injury suffered by the victim due to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not weak, the fact that the victim has been subject to criminal punishment on three occasions is against the disadvantage, and the agreed circumstances are considered favorable, and the punishment as ordered shall be determined in consideration of the defendant's age, character and behavior, environment, motive and circumstance of the crime, and all other conditions of sentencing, including the circumstances after the crime, etc.

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