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(영문) 인천지방법원 2019.05.30 2019고단802
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 20, 2018, at around 00:30 on July 20, 2018, the Defendant: (a) was under the influence of drinking and drinking alcohol in Nam-gu Incheon Metropolitan City B 4’C; (b) was under the influence of the victim’s d (ma, 20 years of age); (c) was under the influence of the victim’s fluoral disease, which is a dangerous product on the table with the table; and (d) caused the victim’s injury to the victim, such as the movement of the fluoral part of the treatment days.

2. The Defendant assaulted the victim E (the 22 years of age) who was fighting at the time and place specified in paragraph 1, with spathing and shakeing the fighting.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A photo of the damaged part;

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

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 260 (1) (a point of violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Act, the content of each of the instant offenses, the Defendant’s wrong penation, the victim D’s punishment is not permissible, and other character, behavior, environment, motive of the offense, circumstances before and after the commission of the offense, etc. shall be determined as the same as the order.

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