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(영문) 인천지방법원 2017.02.08 2016고단8470
특수상해
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

around 00:50 on November 27, 2016, the Defendant: (a) at “C cafeteria” located in Seo-gu Incheon, Seo-gu, Incheon; (b) on the ground that the injured party, while drinking alcohol together with the injured party D (19 tax) expressed his speech that the injured party would disregard the Defendant, and (c) caused the injured party’s upper head to the head of the injured party, one time, 500c c c am, which was a dangerous object on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the case of photographs taken by the victim's wife d) and internal investigation report (referring to the case of the victim's World Cup photographs with the price D);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The attitude of the instant crime, which appears as the result of examining the reasons for sentencing Article 62-2 of the Criminal Act, is serious.

However, the term of punishment shall be determined in consideration of the fact that the defendant's mistake is recognized and agreed on the payment of medical expenses to the victim, the defendant is 19 years of age, and the records of criminal punishment are limited to fines, and the execution of the punishment shall be suspended.

In addition, in order to prevent recidivism, the defendant is ordered to provide community service and violent treatment.

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