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(영문) 인천지방법원 2013.07.09 2013고단2290
상해
Text

A defendant shall be punished by imprisonment for one year.

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

On April 3, 2013, at around 23:10 on April 23, 2013, the Defendant moved above the victim D (55 years of age) from Yeonsu-gu Incheon Metropolitan City C Apartment 106, without any particular reason, and met with the victim's face.

As a result, the Defendant inflicted injury on the victim, such as a flag and alley flag, in need of approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

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

1. Probation and community service order Article 62-2 of the Criminal Act did not clearly agree with the victim of the reason for sentencing, and the fact that there are many criminal offenses against the defendant is disadvantageous to the defendant.

However, the suspension of execution shall be imposed only once in consideration of various sentencing conditions, such as the fact that the defendant recognized his mistake and reflects the fact that the defendant has a delay of class 4, but the defendant has a difficulty in living as a general beneficiary under the National Basic Living Security Act, and deposited 400,000 won for the victim, and probation and community service shall be also ordered to prevent recidivism.

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