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(영문) 인천지방법원 부천지원 2017.06.07 2017고단713
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2016, the Defendant: (a) posted the victim D (37 years of age) who is a partner at a 'C' restaurant located in Bupyeong-si B and 2, but was bad in the drinking place on the ground that the victim D (37 years of age) was bad in the drinking place; and (b) sealed the victim's right ear and back, and dialed the victim's flap with his hand.

The Defendant continued to move out of a restaurant and tried to leave the sidewalk block, which is a dangerous object on the floor, while fighting the body with the victim and the victim tried to leave the victim, and caused injury to the victim by generating approximately 6 weeks of the victim, such as the right-hand door, the inner wall spons, etc. which require approximately 6 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused or D by the prosecution;

1. Each police statement made to D or E;

1. On-site CCTV CDs, on-site CCTV photographs, damaged photographs, on-site photographs, and jum photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act [the scope of recommending punishment] of the Act on the Mitigation of Small Quantity (Article 55(1)3 of the Act on the Punishment of Specific Aggravation (Article 55(1)1 of the Act on the Punishment of Specific Aggravation (Article 55(1)3 of the Act on the Punishment of Specific Aggravation in the event that he/she commits a crime by carrying a deadly weapon or other dangerous articles (Article 6-3 years to 3 years) of the Act on the Punishment of Specific Aggravation, he/she shall determine the same sentence as the order within the scope of the recommended sentencing guidelines by taking into account the following conditions of sentencing, such as the age, occupation, sex, family relation, living environment, circumstances leading to

- The defendant found his mistake.

- However, the Defendant used the salted fish, which is a dangerous object, for the reason that the victim was in bad condition, in the drinking place with the victim at work, who was in the same place, and tried to go with the victim's knife, followed by the strong force, followed the victim's knife, and followed the victim with the victim.

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