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(영문) 인천지방법원 2016.06.02 2016고단2089
상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 4. 7. 23:00 경 인천 부평구 B에 있는 C 식당 앞길에서, 술에 취해 친구인 피해자 D(21 세) 과 다투다가 양손으로 피해자의 가슴을 밀고, 이에 피해자가 주먹으로 피고인의 얼굴을 때리자 화가 나 주먹으로 피해자의 입 부분과 얼굴을 수회 때리고, 발로 피해자의 머리를 1회 찼다.

As a result, the Defendant inflicted injury on the victim, such as a brupt spathing, which is in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on investigation (in cases of attaching photographs on the part of an injury) and a report on investigation (in cases of submitting a suspect D diagnosis certificate);

1. A photo of an injured part, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order and the reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was not less and less vulnerable to damage caused by the crime of this case, the fact that the defendant committed a second offense despite the fact that he was suspended of execution and sentenced to a fine due to the same kind of crime, is against the defendant's recognition of his own crime, or the victim's face has first been in dispute with friendly relationship, and the victim committed the crime of this case in advance with friendly relationship, and that the victim and the victim have agreed smoothly with the victim shall be considered as favorable circumstances, and the punishment shall be determined as ordered by taking into comprehensive account the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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