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(영문) 인천지방법원 부천지원 2017.02.08 2016고단3109
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a crime of violating the Punishment of Violences, etc. Act in the Incheon District Court's Vice-Support on September 1, 2016 and the same month.

9. The judgment became final and conclusive.

[Criminal facts]

1. Around April 13, 2016, the Defendant: (a) while drinking mixed alcohol at “D main points” in the operation “D main points” located in Sinung-si; (b) the Defendant: (c) took a bath to the above C, the Defendant: (d) taken off an empty beer’s disease, which is a dangerous object in the beer room; (d) broken off the part of the victim’s head on one occasion; and (e) laid down the part of the victim’s head on one occasion; and (e) took two government heats where the victim’s treatment period cannot be known to the victim.

2. On the 20th of the same month, the Defendant discovered that the victim F was parked in the 18th of 125 Simna Park Sim-si, Seoul Special Metropolitan City, Stitu-si, 208:5, and tried to steals by opening a kidm mp cover with his hand, but did not carry out such intent with the wind that is discovered by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. A statement of the F;

1. Descriptions of the records of the emergency department;

1. Images of photographs;

1. Previous conviction in judgment: Application of each Act and subordinate statute, such as inquiry about criminal history, investigation report (verification of the latest punishment of a suspect), copy of the judgment, etc.;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 258-2 (1), 257 (1) (the occupation of and injury to carry dangerous articles), 342, and 329 of the Criminal Act concerning the crime (the attempted charge of larceny, and the choice of imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Circumstances favorable to sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: Defendant committed the instant crime.

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