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(영문) 인천지방법원 부천지원 2019.08.08 2018고단3315
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 02:30 on August 8, 2018, the Defendant, while drinking alcohol together with the victim D (n, 30 years of age) and the victim E, performed an excessive physical contact with the above E within the Cnex located on the seventh floor of the building B in Bupyeong-si, Bupyeong-si, 2018, the Defendant laid down the defendant's resistance against the victim's face, which is a dangerous thing with the victim's face at a small wave, and caused the victim's injury, such as a thalthal, an abalth, an oral, and an open room for oral treatment, which require treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of a medical certificate of injury, each medical certificate, a presumption of future medical expenses, a certificate of payment of medical expenses, receipts, and statutes governing damaged photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act - The defendant shows his attitude to recognize and reflect the crime.

However, in light of the statements made by investigation agencies and the attitude of trial, it is doubtful whether the investigation agency seriously reflects.

- In light of the background of the crime, as the Defendant resisted the victim that the Defendant had an excessive physical contact with the victim, the Defendant made verbal abuse while taking the victim’s bath, and inflicted an injury by leaving the both sides face.

As a result, the victim suffered bodily injury that requires treatment for about 28 days, and according to the victim's statement, the defendant spreads the desire to keep the victim out of his/her draft.

In light of the degree of injury and the law and circumstances of the crime, the nature of the crime is not good.

- The defendant is in bad attitude to be tried.

Although a trial is being conducted, there is a absence of notification of the trial date.

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