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(영문) 인천지방법원 2016.06.09 2015고단7131
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for six months with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court on May 14, 2015 and was sentenced to two years of suspended execution on May 22, 2015, and the said judgment became final and conclusive and is currently under suspended execution.

[Criminal facts] On September 25, 2015, around 23:40, the Defendant inflicted an injury on the victim’s face by taking care of approximately 28 days to the victim by drinking home while disputing the victim’s E, and taking care of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate of injury, an investigation report (F telephone statement hearing);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 257 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury to the basic area (from April to June) (the basic area (from January to June) (the person who is subject to special sentencing)

2. The facts that the crime of this case was committed without being aware of during the period of suspension of execution, that there was no agreement with the victim even though the victim was injured, that there was a history of punishment several times of the same kind of crime, that the circumstances after the crime was committed, such as failing to appear voluntarily on the designated sentencing date, etc., shall be considered as disadvantageous circumstances, such as the fact that the mistake is divided, the fact that the victim deposited 2 million won for the victim, etc., and the punishment shall be determined as ordered, taking into account the favorable circumstances, and taking into account all the various sentencing conditions, such as the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime.

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