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(영문) 인천지방법원 2018.06.04 2018고단2202
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around February 23:25, 2018, the Defendant, at the “D cafeteria” located in Seo-gu Incheon, Seo-gu, Incheon, performed drinking together with the victim E (5 cm). On the ground that the victim’s physical exercise was play, he saw the victim’s head head as one time, and saw the victim’s head head head into the body where the victim’s treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to photographic materials and 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 to mitigate small amount;

1. Article 62(1) of the Criminal Act does not provide minor injury to the grounds for sentencing of Article 62(1) of the suspended sentence, and the risk of committing a crime increases.

However, the victim does not want the punishment of the defendant from the investigative agency.

The defendant seems to have committed a crime contingently, and the victim's head was found to have been born once.

The defendant has not been punished by a fine due to a violation of the Labor Standards Act for the last ten years.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.

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