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(영문) 인천지방법원 2015.07.01 2014고단9538
상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 20, 2014, at around 10:30, the Defendant, at around 10:30, sustained the victim C (Nam, 51 years of age) who was aware of it in the "Yan Children Park" located in the Nam-gu Incheon Metropolitan City, Nam-gu, 336-ro, 36-gil, caused the victim to suffer injury, such as the mouth fladsing of the part of the victim, which requires approximately six weeks of medical treatment, due to disregarding himself.

Summary of Evidence

1. Each legal statement of witness C and D;

1. The application of Acts and subordinate statutes to the medical certificate of injury (a denial of the fact that the defendant and his defense counsel inflicted an injury on the victim, but a consistent statement from the investigative agency of the witness C, a witness D who has been witness witness at the scene is also consistent with the victim's statement and part of the victim's face at one time, and according to the victim's medical certificate of injury to the victim, etc., it is sufficiently recognized that the defendant inflicted an injury on the victim like

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] general injury area / [Article 62-2] / [Article 62-2] serious injury (Article 1-2 of the Act / [Article 6-2] serious injury (Article 1-4) (Article 1-4) / In that the defendant inflicted serious injury on the victim, the liability for the crime is not easy, but the defendant was partially deposited for the victim, there is no record of punishment except for a fine not exceeding 30 years, and other various circumstances such as the motive, method and method of the crime in this case, the situation before and after the crime in this case, the defendant's age, character and behavior, career, environment, etc. as shown in the argument in this case shall be determined as ordered.

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