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(영문) 인천지방법원 부천지원 2019.02.20 2018고단3313
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 51) and the automatic control system installation company, who works together with the employer.

At around 23:00 on May 8, 2017, the Defendant completed work in Dmoel E, which had been employed as a lodging house for workers in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, for the victim's side breath because of the victim's disregarding himself, while drinking fel E, the Defendant inflicted an injury on the victim, who was feld with a breath of the victim, and feld with the victim's face used on the ground of the above violence, caused the victim's injury, such as the breath of the 8-day breath, requiring approximately eight-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes requesting the results of handling each medical certificate, certificate of medical records, and report 12 cases;

1. Article 257(1) of the Criminal Act applicable to criminal facts, Article 257(1) of the Criminal Act of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general injury of category 1 (general injury) (one to two years and six months) [the person under special circumstances] and serious injury (one to four types] [the decision of sentence] [the decision of sentence] of the defendant's crime, it seems that the victim suffered serious injury due to the defendant's crime and continuous medical treatment will be needed in the future.

The defendant was unable to pay appropriate medical expenses to the victim, and the victim was punished for severe punishment by saving contact.

In full view of the fact that 5 million won is paid out of the medical expenses, the fact that there is no record of punishment due to violence after 199, reflects it, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., the sentence identical to the order shall be determined within the scope of the recommended sentence according to the sentencing guidelines.

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