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(영문) 인천지방법원 2018.05.31 2018고단3215
상해
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

The Defendant is a foreigner of the Republic of Korea’s nationality, and around 00:17 March 11, 2018, at the “D” restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, the Defendant was assaulted by the Victim F (40 taxes, F).

In the misunderstanding of the victim's marth part of the hand floor, the victim was injured by the victim for about six weeks of medical treatment. In addition, the victim suffered bodily injury, such as the margushes and the marbing of the mars in need of approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of a photograph of injury inflicted on a victim and a medical certificate of injury;

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

1. 【The reason for sentencing of Article 62(1) of the Criminal Act 【The scope of the recommended sentence 【The scope of the General Injury (Type 1) 【The Specific Aggravations: the serious injury ? 【The Reasons for the Suspension of Execution ? 【The Reasons for the Suspension of Execution 】 The injury may cause serious damage to the other party even if the other party, as in the case where the other party, who is benefiting from the right speculation technology of the defendant, is displayed on the attack of the other party.

When considering the degree of injury caused by the defendant, the degree of care after the damage recovery, etc., the treatment of property punishment is sufficient, but it is difficult to achieve the effect of the suppression of recidivism.

shall be deemed to have been.

However, in consideration of the fact that there is a low possibility of recidivism or retaliation due to the edification of the detention process and the departure of the victim for treatment, as well as the kind of contingent relief caused by the misjudgmentation of the wrong protective function or situation, the punishment of suspended execution has become final and conclusive, the treatment within a prudent society is appropriate.

【Determination of sentence】 Determination of imprisonment with prison labor for up to nine months shall be made within the scope of the recommended sentence, but the execution thereof shall be suspended for a period of two years.

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