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(영문) 인천지방법원 2019.08.08 2019고단3218
상해
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 4, 2019, at around 01:20, Defendant A, at around 01:0, the victim B (manam, 36 years of age), who is a partner of the Dong-dong-gu Incheon Metropolitan City, used the victim’s 1st century, and went the victim’s face to the body, and went the victim’s face into the body, he would inflict an injury on the victim’s E (ma, 49 years of age), such as the number of days of treatment on the part of the days of treatment, and continuously talked the victim E (ma, 49 years of age) with the desire of “Cambaba” at around 13 days of treatment.

2. Defendant B, at the time, at the place, and at the time, at the victim E (n, 49 years of age) committed assault against the victim by walking the victim’s boat at one time due to the weather.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Four copies of a damaged photograph, two copies of a damaged photograph, five CCTV photographs;

1. Investigation report (to listen to the F phone statement of the stude);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act; Selection of fines;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant B) are as follows: Defendant A - favorable circumstances; each of the crimes in this case is recognized.

All victims agreed.

The degree of injury suffered by the victims is minor.

- Unfavorable circumstances: there are several times of violence, which are sentenced to imprisonment and fine.

In particular, in 2016, the suspension of the execution of imprisonment with prison labor was sentenced due to violence, and the crime of violence and special violence are punished accordingly.

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