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(영문) 인천지방법원 2018.06.21 2018고단512
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 15, 2017, at around 01:00, the Defendant demanded the victim to drink a mixed alcoholic beverage from “E main store” in the operation of the Nam-gu Incheon Metropolitan City C Victim D (n, 44 years of age) to treat the alcoholic beverage on credit, but on the ground that the victim refuses it, the Defendant made the victim’s refusal to do so.

I. Salkh, A. C. C. H. H. H. H. H. H. H. H. H. H.R.;

show that it is any person;

The Bab "Wook" was expressed as the "Wook", and the Macju Pick World, a dangerous article on the table, was collected toward the face of the victim.

As a result, the Defendant carried dangerous things with the victim about about 14 days of treatment, led to an open headal wound, snow grass, and straw around snow, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of D and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as the face image of the victim D, on-site evidence, and photographs, etc. of the victim D;

1. Articles 258-2 and 257 (1) of the Criminal Act relating to 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. The Defendant and his defense counsel regarding the assertion of the Defendant and his defense counsel under Article 62-2 of the Criminal Act regarding the surveillance and observation of protection and the community service order, and the Defendant had been in a state of mental and physical loss due to alcohol

However, in light of the aforementioned circumstances before and after the crime, the Defendant’s physical and mental loss at the time of committing the crime of this case, in light of the following circumstances: (a) the Defendant demanded credit while drinking alcohol to the victim; and (b) the victim refused to do so; and (c) the Defendant’s situation at the time of committing the crime, and the method of committing the crime.

Therefore, the above argument is without merit.

The reason for sentencing is not agreed with the victim.

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