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(영문) 인천지방법원 2015.09.03 2015고단2951
상해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2015, at around 00:49, the Defendant: (a) at the middle of the entrance of the “Dnogate” entrance in Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon, the Defendant strongly demanded the Defendant to leave the scene of the disturbance on the ground that he was under the influence of alcohol; (b) the victim E, an employee of the Defendant, 57 years of age, strongly demanded the Defendant to leave the scene; (c) the victim’s head was sealed by hand; and (d) cut the victim’s head out to go beyond the stairs, and (e) caused the victim to suffer approximately four weeks of medical treatment, i.e., “e., s., s., s.g., blood under the external trauma of the head, s.e., s., s., s.g.,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to E;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Training [the scope of recommending punishment] Article 62-2 of the Act on General Injury (the General Bodily Injury) (the Decision on the Sentence] Article 1 of the mitigated area (the General Bodily Harm), Article 5 times (including three times of violence) of the fine, the fact that there is an agreement with the victim, the fact that the victim recognizes and reflects the crime, the degree of damage, the defendant's age, character and behavior, character and environment, the motive and circumstance leading to the crime of this case, the circumstances after the crime, etc. shall be determined as per the order.

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