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(영문) 인천지방법원 2017.11.29 2017고단7501
상해
Text

A defendant shall be punished by imprisonment for four 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 September 16:15, 2017, the Defendant: (a) sent the victim E (68 years of age) to his hand in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) sent the victim's face at a time on drinking; and (c) cut off the victim by walking the head of the victim at one time.

As a result, the defendant specified the part of the injury to the extent that the defendant's right of defense is not infringed on in light of the evidence record of blood transfusion on the left side side of the defendant's side where the number of days of treatment cannot be known to the victim.

In other words, injury was inflicted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (on-site re-verification, etc., witness F phone statement, change of name of the crime, etc.);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines [types of determination] - Class 1 (Special Sentencing) (Special Sentencing) (Special Sentencing Person): Reduction element: 【Determination in the sphere of recommendation】 Decision in the sphere of mitigation [the scope of recommendation] / 2 months to one year [the general person in charge of sentencing] - Reduction element: Serious reflective radius

2. Whether or not to suspend the execution (main reasons) - positive: Non- sources of punishment (including serious efforts to recover damage) - negative reasons: At least twice in cases of a period of suspension of the execution - positive: contingent crimes, serious reflective crimes;

3. The defendant who has a past record of criminal punishment of 19 times, and the criminal records of violent inclinations shall change to 12 times among them, and the criminal records are one time and two times of suspended execution.

The crime of this case is not good in light of the form of act, and the victim is relatively old and the face of the victim of violence is more serious damage.

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