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(영문) 인천지방법원 2016.04.28 2016고단985
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 1, 2016, at around 20:0, the Defendant c 'C' in Gyeyang-gu Incheon Metropolitan City, along with the victim E (54 years of age) who drinks alcoholic beverages at the main point, and the injured person flicked him/her to the above D on the ground that he/she met himself/herself for drinking alcohol to the above D, thereby suffering from injury to the victim by gathering flick-in disease, which is a dangerous object on his/her customer, and making it appropriate for the victim's head to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

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

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( favorable circumstances for sentencing) was a major disease, which is a dangerous thing, and the victim's head was injured, and the nature of the crime in this case was not easy, and the risk of the method of the crime was not agreed upon with the victim. However, the defendant did not drink with a female-gu and a workplace member, and the defendant dysing together with the victim. As a result, the crime in this case was committed by the minor end of the minor time, the degree of damage was relatively minor, the defendant paid the hospital expenses of the victim, or paid the victim the amount equivalent to the lost income during the hospitalization period. After the conclusion of the pleading, the defendant can take into account the circumstances in which the victim made efforts to recover the victim's damage, such as deposit part or the horse damage for the victim, and then his mistake was divided later, the defendant's age, the defendant's occupation, family relation, etc., and all the above conditions were determined.

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