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(영문) 인천지방법원 2019.08.30 2019고단2814
상해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the 33 years of age) are married couple.

Around 22:00 on February 22, 2019, when the Defendant was drunk and was divingd in the ward under the influence of alcohol in the Namdong-gu Incheon Metropolitan City C Apartment D, the Defendant sent the victim's face to the room and told that he was diving by leaving the room as he was out of the body of the Defendant. However, the victim's face was taken once in drinking, and the victim stated that he was in the inside and talked with the victim, and the victim was able to enter the inside and talk with the outside, and the victim was able to have the face of the victim taken away according to the victim's face, the Defendant inflicted an injury on the victim, such as the removal of internal walls and internal walls, for about six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes to a criminal investigation report (Attachment to the E dialogue), a photograph of the E communication content divided by a suspect and a complainant;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of general injury [Type 1] general injury (including a special person who has made efforts to recover damage], and factors for mitigation of punishment (including a serious effort to recover damage) or considerable damage therefrom (the area of recommendation and the scope of recommendation) and the area of mitigation of punishment, two months to October;

2. In the course of divorce with the victim, the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, family relation, family environment, motive and means of the crime, circumstance after the crime, etc., shall be determined as ordered by taking into consideration the following factors: (a) the Defendant’s original agreement on the injury of this case; (b) the Defendant takes the responsibility for raising his children in the future; (c) the Defendant has no criminal record exceeding the fine; and (d) the recommended sentencing guidelines

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