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(영문) 인천지방법원 2016.08.11 2016고단2756
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

On March 16, 2016, the Defendant, at the Defendant’s house located in the Nam-gu Incheon Metropolitan City C and 104 around March 21, 2016, performed drinking as well as working club fees. On the ground that the victim D told himself/herself as bad, he/she saw the victim’s inside and outside part of his/her house into drinking and sprinking, and continued to go up with the victim’s head head by taking care of approximately five weeks, thereby cutting down the right upper part of the body to the right side in need of five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to damaged photographs and written diagnosis of injury;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

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 Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Application of the sentencing criteria [the scope of the recommended punishment] General Injury (the general injury) in the area of mitigation (two months to one year) (the person who has been specially mitigated)

2. The sentence of this case was committed again despite the fact that the defendant had a record of punishment for the same kind of crime; the victim committed an agreement with the victim; the defendant's age, occupation, sex, environment; the process and motive leading to the crime of this case; the circumstances leading to the crime of this case; and the conditions of all the sentencing mentioned in the records, such as the circumstances before and after the crime, shall be determined the same type of punishment

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