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(영문) 인천지방법원 2018.07.19 2018고단3294
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 1, 2017, at around 03:10, the Defendant, in front of the building of the Nam-gu Incheon Metropolitan City C building, suffered an assault from the victim D (22 taxes) to catch head debt, and in response to the assault, the Defendant used the victim's face at drinking twice as drinking, and suffered an injury, such as cobranes, bones bed and satisfying, in need of treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

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

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is the circumstances that are favorable to the defendant, such as the fact that the liability for the crime of this case, which the defendant inflicted bodily injury on the victim at the end of the dispute, is not less severe, and that the damage has not been recovered, and that the victim who has used violence is also liable for the occurrence of the crime, and that the victim is the first offender who has not been punished until now

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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