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(영문) 인천지방법원 부천지원 2017.03.09 2016고단1837
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 34) are members of the same Internet-friendly group.

On July 16, 2016, the Defendant, while drinking alcohol at D2:30, 2016, and doing horse fighting each other, suffered bodily injury, such as an unfashion that requires treatment for about 28 days by taking a part of the face of the victim who continued to use the back head of the Defendant and taking a part of the victim's face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Investigation report (Investigation of shots);

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. For the reasons of sentencing in Articles 32(1) and 32(2) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc., consideration shall be given to the following: (a) the Defendant, without any particular reason, assaulted the victim to injure the bones; (b) the Defendant’s records of identical violence are six times of fine; (c) the Defendant reflects his mistake; (d) the Defendant’s payment of KRW 3 million; and (e) the Defendant’s age, sex behavior, family relationship, etc. are considered.

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