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Reasons
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(영문) 인천지방법원 2016.09.08 2016고단4020
상해
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 16, 2015, at around 02:00, the Defendant reported that the victim D (the age of 18) was a square of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 16, and Before the entrance of the lot parking lot, the Defendant d (the age of 18) flicked the Defendant’s friendship with E-mail, and caused injury to the victim by cutting the victim’s face into the floor once due to drinking, and then cutting the victim’s face into the floor once again.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Each police statement of the F, G, H, and I;

1. Written Statement;

1. A written diagnosis of injury;

1. The application of the victim DNA photographs 1. The victim's assault images, CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

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

1. Any injury (the 1.4 types) serious in the aggravated area (six months to two years) (the specially under way) by applying the sentencing criteria (the scope of recommending a punishment) general injury; and

2. Determination of sentence: (a) considering the circumstances leading to the instant crime, the form of the act of assault, the degree of injury inflicted upon the victim; (b) unfavorable circumstances such as the victim’s failure to agree with the victim; (c) the Defendant recognizes and reflects the victim’s mistake; (d) favorable conditions such as deposit of KRW 8 million against the victim; and (e) favorable conditions such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) other conditions of sentencing such as the circumstances after the crime.

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