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(영문) 인천지방법원 2018.06.14 2018고단3149
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 January 31, 2018, the defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for injury, etc. in the Incheon District Court's Busan District Court.

On December 12, 2017, the Defendant: (a) around 16:35, 16:67, the Seo-gu Incheon-ro, Seo-gu, Seo-gu, Ga-ro, the 67th-ro generalized highway (in Incheon International ICT, at 100 meters away from the IC), and (b) brought about disputes between the victim L (41 tax) and the kid; (c) went off from the vehicle; (d) forced the victim's awareness; and (d) continued to remove the victim's breath with her hand, and (e) continued to sphere the victim's breath with her hand, etc., requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the police concerning L;

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

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 suspended execution;

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: in a case where the victim has certain responsibility for the occurrence of a crime even, 【The Decision of Sentence 【The Punishment of Sentence - the Crimes committed during the trial, and the external aspect of the recovery of damage is disadvantageous.

However, the proportion of mitigated persons, the occurrence of cases arising from the crossing of retaliation driving or verbal abuse, support relationship, etc. are hedging, and when the defendant is detained, it is rather likely that the defendant might be infected by bad morals from the inmates rather than obtaining sufficient correction effects.

The punishment for six months shall be determined within the scope of the recommended punishment, taking into account the necessity for treatment in the society to prevent recidivism, and the execution thereof shall be deferred for a period of one year on condition of community service and attending lectures.

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