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(영문) 인천지방법원 2018.11.08 2018고단6951
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

On August 26, 2018, the Defendant: (a) around 18:40 on August 26, 2018, the Defendant, while drinking alcohol with the victim C (at 46 years of age) in Michuhol-gu Incheon, 401; (b) however, on the ground that the victim refused to do so, he/she had a eye of the victim’s face, making it difficult for the victim to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of victims;

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 grounds for sentencing of Article 62-2 of the Criminal Act for protection and observation and attending lectures 【The scope of the recommended punishment】 The basic area [4 months - 1 year and 6 months] of the general injury (type 1]: the victim who is vulnerable to the crime / the non-guilty / the sentence / the non-guilty / the sentence / the sentence / the non-guilty / the sentence / the sentence / the continuous display of the virtual nature, the continuous old, and the possibility of causing harm to the nearest person in the event that the symptoms of alcohol are aggravated.

Provided, That the victim shall not be punished for all the circumstances.

The proportion of mitigated persons, the suppression of recidivism, the respect for the victim's will, the side effects of detention in the response report are considered to be appropriate in prudent society.

The punishment of six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for a period of two years on the condition that protection for improvement of sex and instruction shall be taken.

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