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(영문) 인천지방법원 2018.07.26 2018고단4685
상해등
Text

A defendant shall be punished by imprisonment for six 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

1. On May 25, 2018, the injured Defendant is entitled to receive a claim from the injured Party E (V, 35 years of age) while smoking tobacco in front of the D cafeteria located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon at around 19:20.

“In doing so, at the same time, the victim’s part of the victim’s neck was pushed one time, and the victim suffered injury, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. The Defendant, in the G District located in the Yeonsu-gu Incheon Metropolitan City on May 25, 2018, demanded that the victim H from the developments leading to the said District would sit far away from his mother, and that the victim would grow up and grow up, while his mother is heard from the G District in the Yeonsu-gu Incheon Metropolitan City on May 25, 2018;

C. The expression "C." publicly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning facts constituting an offense, Article 257(1) of the Criminal Act (the point of injury), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Inflicting (Scope of Recommendation) General Injury: In the mitigated area (two months to one year), the minor injury (one year to four years) (in the case of special mitigation).

2. Scope of sentencing recommended: Imprisonment for not less than two months (limited to cases where the sentencing criteria are not set concurrently with the offense of insult).

3. Unless agreed with the victims of the decision of sentence, a criminal defendant has been committed for the same kind, but the criminal defendant reflects himself/herself, the degree of injury is minor, contingent crimes, and other consideration, such as the character, conduct, environment, etc. of the defendant.

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