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(영문) 인천지방법원 2019.10.24 2019고합509
중상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the facts charged was appropriately revised.

On April 2018, the Defendant worked as a daily worker at the apartment construction site in Chuncheon City in April 2018, and the victim B (the age of 57) is a worker of Chinese nationality who works in the same field as the Defendant.

On April 9, 2018, the Defendant completed the construction of the C Building D in Chuncheon City around 23:00, and was unable to enjoy drinking after dividing it into drinking with the victim.

Around 24:00 on the same day, the Defendant was able to take a bath while taking a mixed-clateral approach, “I am fluoral snow in the construction process.” In doing so, the Defendant was hump from the victim.

Therefore, the Defendant, who had a dispute with the victim, brought a prosecution against the Defendant and the victim to have “tested”, but the two people had fighting on their body at the end of the horse match (the witness B and E’s respective legal statements). While the Defendant was going to go beyond the victim’s bridge and caused the victim’s left eye to be faced with TV in his/her mouth in his/her room, the Defendant caused the victim to suffer injury, such as the left eye, yellow dust, etc. in need of medical treatment for about 56 days, and caused the victim to the defect of the real name of the left part.

Accordingly, the defendant assaulted the victim and caused a serious injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness B and E;

1. A written diagnosis of injury (the sequence 3 of evidence list);

1. Application of Acts and subordinate statutes 5) at the time of investigation by the complainants;

1. Grounds for sentencing under Articles 262, 260 (1), and 258 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria [decision of types] used to commit violent crimes [Type 2] used to increase the bodily injury (special person in appearance] caused by violence: serious injury (category 2 and 4): the area of aggravation [the area of recommendations and the scope of recommendations], imprisonment.

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