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(영문) 인천지방법원 2017.07.07 2017고단3622
상해
Text

A defendant shall be punished by imprisonment for four 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 February 14, 2017, at around 04:00, the Defendant sustained an injury, such as a string, etc., that requires approximately three weeks of treatment to the victim by drinking twice the face of the victim D (18 tax) (18 tax) who is a one-way driver of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D or C;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the part of the assault (D);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines [type of determination] - Class 1 (Special Sentencing) (Special Sentencing Person) (Special Sentencing Person): In the event that no punishment is imposed (including serious efforts to recover damage) or considerable damage has been recovered from the area of mitigation [the scope of the recommended sentence] two months to one year [the scope of the recommended sentence] - In the area of mitigation [the person subject to general sentencing] - In the case of serious anti-competence:

2. Whether to suspend the execution (main reasons) - positive: Non- sources of punishment (including serious efforts to recover damage) - positive reasons - No person who has committed any contingent crime, serious reflector, or criminal records of a stay of execution or more.

3. Although the Defendant, who was sentenced to two times a fine due to an violent crime, such as bodily injury, etc. in 2016, committed the instant crime. In addition, the Defendant had been investigated into the instant crime from around 2013 to 2015 three times.

The attitude and degree of a crime shall not be minor.

There is a need to strictly punish a defendant's crime in order to eradicate violence while in sight.

However, the defendant is recognized as committing a crime in this court and is against the law.

In the agreement with the victim, the injured party does not want to punish the accused.

A defendant shall be involved in any accident under the influence of liquor.

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