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(영문) 인천지방법원 2018.02.22 2017고단9478
특수상해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2017, at around 35, the Defendant, while drunk in the D cafeteria operated by the Defendant in Gyeyang-gu Incheon Metropolitan City, got the victim E while drinking, but was faced with the head of the victim, which is a dangerous thing for the victim, on the ground that the victim did not comply with it, and suffered injury to the victim, including two weeks open wounds in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing, etc. shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Although Article 62-2 of the Criminal Act of the community service order has the same criminal records and one time for sentencing, the fact that the defendant is against himself/herself, has agreed with the victim, and the extent of damage has not been serious, and other factors, such as motive and circumstances of the crime, character, conduct

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