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(영문) 인천지방법원 2014.10.31 2014고단5642
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 21, 2011, at around 21:40, the Defendant was asked from the victim D(the age of 53) who was aware of the “Catur” in Gyeyang-gu Incheon, Gyeyang-gu, in front of the “Catur”, and was asked from the victim D(the age of 53), to bring the victim’s face to the victim’s wall. On the other hand, the Defendant was inflicted an injury on the victim, such as cutting the bat of internal wall that requires approximately eight weeks of medical treatment by cutting down the victim’s fat.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury, the upper part photographic;

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Where the victim is fully responsible for the occurrence of a crime or the expansion of damage to a victim in the basic area (from April to one year and six months) (special mitigation) of category 1 (the scope of recommending punishment) and the basic area of sentencing (special mitigation) on the basis of the sentencing guidelines / In the case of serious injury (the types of 1 and 4);

2. The fact that the defendant who was sentenced to the sentence of this case led to the confession and reflect of the crime of this case, the fact that there is no criminal records of the same kind and suspension of execution or above is favorable, and the fact that there is no agreement with the victim even though the degree of injury is severe shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined in consideration of the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after

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