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(영문) 인천지방법원 2019.06.14 2019고단2324
상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On March 18, 2019, the injured Defendant: (a) committed assault, such as assaulting the victim D (the victim’s age 61) to the ground floor by putting the victim’s breath in a fladder urine adjacent to “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) discovered that the victim D (the victim’s age 61); and (c) putting the victim’s breath into the ground floor by putting the victim’s breath in hand, thereby causing approximately 14 days of treatment.

2. A special intimidation: (a) the Defendant inflicted an injury on the victim D at the time and place specified in paragraph (1); and (b) three male men, who had observed the above scam, were frighted to the place specified in paragraph (1) by putting the Defendant, leaving the scam in the “C” where the scropia was located adjacent to the scamba; and (c) broken off the scam and on the ground; and (d) putting the scams, which are dangerous objects, the Defendant was sealed by the scambling of the scam and the scamba, the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. All on-site photographs and CCTV photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The recommended sentencing guidelines;

(a) Crimes of Inflicting (Scope of Recommendation) General Injury: Type 1 (General Bodily Injury) and the basic area (from April to one year and six months) (special person) of the Act;

(b) The final range of sentence due to the aggravation of multiple offenders who have no basic area (4-1-1-6 months) (a special person) of the basic area (4-1-6 months) of the crimes of special intimidation (the scope of recommendations) general injury: April-2 months to March.

2. The recommended sentences on the sentencing criteria as above, the fact that there are many criminal records against the defendant, and the age, character and conduct, family relationship, family environment, motive and means of the crime, and post-crime.

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