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(영문) 인천지방법원 2017.09.14 2017고단3816
상해
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

The Defendant, around 02:55 on 25, around 2017, at around 202:30, suffered bodily injury, such as cutting the body fat, which requires medical treatment for about 58 days, on the ground that the Defendant was faced with the victim D (27 years of age) and the shoulder in the elevator of the "small-ro square", which was located in the south-gu Incheon Metropolitan City, Seoul, 2017, on the ground that the Defendant was faced with the victim D (27 years of age) and the shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of CCTV images and photographs of damaged parts of the statute;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] The basic area (4 months to 1 year and 6 months) of the No. 1 (the person subject to special sentencing) [the person subject to special sentencing] [the judgment of sentence] was not less and less less than that of damage, and the defendant did not agree with the victim. The defendant made a insulting speech to the defendant's female-child group, thereby causing the crime of this case.

However, there is no evidence to acknowledge it (the police stated that the defendant was aware of the crime in his own reason). Rather, there seems to be no particular circumstance to consider the motive for the crime.

However, in consideration of the fact that the defendant is against the defendant, deposits 15,80,000 won for the victim, and has not been punished by a suspended sentence or more, the same punishment as the order shall be determined.

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