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(영문) 인천지방법원 2018.06.22 2018고단3385
특수상해
Text

A defendant shall be punished by imprisonment for six 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 April 25, 2018, at around 15:35, the Defendant, at the main point of “C” located in Dong-gu Incheon Metropolitan City, performed drinking together with D(69) for a victim of pro-Japanese-dong-gu (hereinafter “C”), and went through disputes, the Defendant: (a) turned the part of the victim’s right head, which is a dangerous object in the table, one time the victim’s number of days of treatment; and (b) laid down the part of the victim’s right head, the victim’s number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on internal investigation and investigation reports (to hear statements of victims);

1. Application of Chapter IV of the site photograph, Chapter II of the victim photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for the crime of sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the "dispensive sentence"), is that the crime of the defendant committed by the defendant, under the influence of alcohol, with the beer who is a dangerous object, thereby causing bodily injury to the victim by getting off the right head of the victim, and the nature of the crime is not good in light of the form of the crime and its danger.

Considering the condition of injury such as tear, etc. of the victim's head and the left-hand hand, the crime of the defendant was likely to cause serious damage.

The defendant has a past record of criminal punishment twice, and is punished for violent inclinations among them one time.

Special injury crime is a serious crime that only provides imprisonment with labor for not less than one year but not more than ten years, and the liability for such crime cannot be deemed to be minor.

However, the defendant shows the form of recognizing and opposing the crime in this court.

The victim is the pro-friendly family of the defendant, who does not want to punish the defendant under the agreement with the defendant, and is also willing to take the action against the defendant.

The defendant's crime is likely to be considered to have occurred by drinking.

Two times for the defendant.

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