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(영문) 인천지방법원 2017.08.10 2017고단3650
상해
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 January 4, 2017, the Defendant: (a) worked in a restaurant with the trade name “E” in the victim C(46 tax) D; (b) on January 4, 2017, the G cafeteria located in Naju City F, and was notified of dismissal after being pointed out the Defendant’s working attitude from the said victim; and (c) on the part of the victim’s face by drinking breath, the Defendant laid down the breath and 56 days on the part of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. C’s statement;

1. On-site and photographs of the suspect;

1. Application of Acts and subordinate statutes of a medical certificate of injury (C) and written opinion;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General Injury [No person subject to special sentencing] [Judgment of sentence] [Article 8 months-1 and June] of the basic area (Article 62-2] [Article 62-2 of the same Act] [Article 62-2 of the same Act] [Article 62 of the same Act shall be sentenced] [Article 8 months-1] of imprisonment, the degree of injury to the injured party was 8 times more severe and less than 2 years of suspended sentence: the injured party was unable to take advantage of the injured party. The favorable circumstances are recognized and reflects that the injured party's mistake was committed on the spot. The defendant is most responsible for his family's livelihood, and the defendant maintains his livelihood by acting on behalf of the injured party. However, even if the above unfavorable circumstances are somewhat weak, the execution of the sentence shall be suspended at once, taking into account all the circumstances such as the above favorable circumstances and the defendant's age, sex, criminal records (Article 7, criminal records and criminal records once the same kind of punishment).

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