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Reasons
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(영문) 인천지방법원 2016.07.04 2016고단3170
상해
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A defendant shall be punished by imprisonment for up to seven 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 10, 2012, at around 19:00, the Defendant: (a) brought a dispute with the victim C (51) who is not adequate for appraisal due to the use of flat street lamps, and street lamps, etc. in the Nam-gu Incheon Metropolitan City B lending, and (b) caused the damage to the victim, by making the victim tightly tightly tightly tightly tightly off the part of the victim’s dispatch to the garden located in the above place; and (c) caused the damage to the victim for approximately eight weeks by having the victim go beyond the upper garden in the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria: The basic area (from April to June) of types of general injuries;

2. The defendant shall be sentenced to imprisonment with prison labor due to gross negligence, for the crime of causing serious bodily injury to the victim even though he/she could have suffered violence from the victim.

However, it is determined that the defendant recognized the crime, the victim's king was affected by the injury, and the defendant's same military force is before 2009 and has no military force, and the term of punishment shall be determined in consideration of the favorable circumstances, and the execution of the punishment shall be suspended.

In addition, in order to prevent recidivism, a social service order is given to the defendant.

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