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(영문) 인천지방법원 2018.05.03 2018고단1870
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 28, 2018, at around 00:50 on February 28, 2018, the Defendant damaged the property by making it difficult for the Defendant to perform a dispute with the kind of friendly E and drinking value, which had been drinking together in the operation D of the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, and 5th floor victim C, and continuing to have the beer mick on TV, and caused the said victim’s TV and the substitute stone wall to be broken out.

2. 특수 상해 피고인은 전항과 같은 일시, 장소에서 피해자 C가 싸움을 말린다는 이유로 피해자를 향해 위험한 물건인 맥주잔과 맥주병을 던져 피해자에게 유리 파편에 의해 왼쪽 손목이 찢어져 14 바늘을 꿰매는 치료 일수 미상의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the choice of punishment (or choice of imprisonment);

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

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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education (applicable without the sentencing guidelines following the amendment of the law) is that the treatment within society with prudence is appropriate in light of the occurrence of injuries caused by the scattering of free trade, and reasonable compensation for such injuries.

【Determination of sentence】 Determination of a sentence to be sentenced to imprisonment for six months within the scope of the sentence to be mitigated, but the execution thereof shall be suspended for one year on condition that an order to attend a course to prevent re-offending is issued.

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