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(영문) 인천지방법원 2017.06.29 2017고단3389
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, at around 02:00, the Defendant, in front of a restaurant in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and in front of the C cafeteria, the Defendant inflicted an injury on the victim by drinking when the victim’s fright and fright of vision were challenged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Medical opinion, and medical certificate;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. 【The grounds for sentencing of Article 62-2 of the Criminal Act for community service and lecture attendance order 【The scope of recommended punishment】 General injury (Class 1) (2 months - 1 year) - Special mitigated person: the victim's non-guilty person's punishment is more severe, and the result of injury is more severe.

However, an agreement accompanied by the payment of compensation was concluded during the trial process.

The defendant is the first offender.

On the other hand, if the defendant is detained because he was placed in the response book, it is rather likely that the defendant might be infected by bad morals rather than to obtain sufficient correction effects.

Therefore, in consideration of the necessity of treatment in society to improve sex behavior, the punishment for six months shall be imposed, and the execution thereof shall be suspended for one year on condition of social service and participation.

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