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(영문) 인천지방법원 2019.01.17 2018고단7274
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On September 28, 2018, the Defendant: (a) around 17:35, at the family park located in Seo-gu Incheon, Seo-gu, Incheon, 406, on the ground that the victim B (the age of 48) known to the general public belonged to the Defendant; (b) taken the victim’s face once in drinking; (c) taken the victim’s face once in drinking; (d) taken the back of the victim’s face in front of the wheelchairs who was aboard the victim; and (e) took the back of the victim’s face once in drinking, and (e) took the part of the days of treatment to the victim, fiff the victim’s fife, fifed by the victim going on the back of the floor; and (e) took part of the part of the days of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act under the suspended sentence is [Scope of Recommendation] Article 62(1) of the Criminal Act: In the case where the basic area (6-2 years), the basic area (6-2 years), the punishment (including a person who has been specially mitigated), the non-won (including a serious effort to recover damage), or considerable damage has been recovered, it is necessary to punish the corresponding strict punishment in light of the following: (a) serious injury (excluding the type of special serious injury) / [decision of a sentence] the injury (excluding the type of special serious injury] to the part of the victim due to a shouldered main who is a dangerous object; (b) the number of crimes is harsh; and (c) the defendant had had the power of having been punished several times by violence, etc. before.

However, it is decided as ordered by taking into account the circumstances favorable to the defendant, such as the fact that the victim has agreed smoothly with the victim, the fact that the defendant has divided his mistake, etc., and taking into account the age, character and conduct, environment, motive, means, consequence, etc. of the crime, and all of the sentencing factors shown in the arguments of this case, such as the circumstances after the crime.

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