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(영문) 인천지방법원 2020.06.17 2019고단7727
상해
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:00 on October 20, 2019, the Defendant was demanded to move a vehicle from the victim E (ma, 58 years of age) (ma, 58 years of age) who is managing the place while parking D Arid vehicle at the “C” restaurant parking lot located in Gyeyang-gu Incheon Gyeyang-gu Incheon Metropolitan City.

As a result, the Defendant: (a) while playing a trial expenses with the victim, was trying to commission the victim's smell and report on a drinking driving; and (b) walked the victim's right hosome; and (c) caused the victim's loss by plucking and plucking up the victim's left hand, thereby causing the victim's injury, such as a water table 4 balance of the left part, which requires approximately 6 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A victim, on-site photograph, and a written diagnosis of injury;

1. The video CD [the defendant recognized the fact that he was plucking the victim's platform by plucking the victim's platform, and plucking the victim, but the victim did not pluck and pluck up the victim's left finger, and did not inflict any injury. According to CCTV images recorded at the time of the crime, it is recognized that the victim approved the victim by plicking the victim's left finger by his hand. As such, it appears that the victim's left finger in the process of plucking and plucking the victim's hand, the victim's statement to the police immediately after the crime of this case stated that "the victim plucked or plicked the victim's finger," and that the statement was consistent to this court, and that it is difficult to bring about the victim's finger by force to the extent that the victim spreads the victim's finger, etc., the criminal facts of this case can be acknowledged in light of the above evidence].

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommended sentences according to the sentencing criteria (the determination of types) shall be limited to violent crimes;

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