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(영문) 인천지방법원 2018.01.26 2017고단7998
상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant, at around 22:20 on October 22:2, 2017, was under the influence of alcohol from the victim E (n, 53 years of age) located in Nam-gu Incheon Metropolitan City, the Defendant 1st floor Fing practice room 2 above the victim’s head by hand without any particular reason, and the victim left the part.

말하자 “ 뭘 그런 걸 가지고 그러냐.

“In doing so, the victim’s left side was injured by cutting off the victim’s arms, thereby making it necessary for the victim to receive treatment for a period of 56 days on the left side, such as minculization of culvers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes to investigation reports (the details of damage and the binding of medical certificates);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines / [type of determination] general injury (a general person with special sentencing) - Where the mitigated element is not subject to punishment (including serious efforts to recover damage) or considerable damage is recovered, the aggravated element - In the case of serious injury (a decision in the territory of recommendation) / Basic area (a decision in the territory of recommendation / [a decision in the territory of recommendation] from April to one year and six months [a general person with sentencing] from April to one year and six months (a general person with mitigated sentencing): Serious reflective factors:

2. Whether to suspend the execution (main reasons) - If the result of serious injury occurs - positive: In cases where the result of serious injury occurs - sources of punishment (including serious efforts to recover damage) (including general circumstances) - negative: A person who has been sentenced to suspension of the execution at least twice, positive: contingent crimes, serious reflections;

3. As to the Defendant’s crime of sentencing, the type of the crime is not good and the degree of injury is very serious in that the Defendant, under the influence of alcohol, has inflicted an injury upon the victim requiring medical treatment for a period of 56 days by pushing the victim’s head or cutting the left part of his/her arms;

The defendant has a history of criminal punishment on 28 occasions, and is under suspension of the execution thereof.

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