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(영문) 인천지방법원 2021.02.25 2020고단10951
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 32 years of age) are school-restricted persons for one year.

On June 10, 2020, the Defendant, at around 23:30 on June 10, 202, tried to distinguish the victim from the victim’s residence in Bupyeong-gu Incheon Bupyeong-gu apartment, Incheon, and brought an injury on the victim’s left face one time due to bad hand, resulting in a combination of 42 days, requiring treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the written injury diagnosis report filed by the police concerning B;

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 punishment by law: Imprisonment with prison labor for not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] general injury [type 1] general injury [including a person subject to special sentencing] mitigation element: Where the penalty is not imposed (including a serious effort to recover damage) or considerable damage is recovered, the aggravated element: The important injury (type 1 and 4) [the scope of the recommended and recommended punishment] basic area, April 1 through June 6.

3. The crime of this case is deemed to have committed an injury that requires treatment for about 42 days in consideration of the face of a victim who is a food-related person, and the criminal liability is grave in light of the content of the crime, and the degree of injury of the victim is considerably heavy, and the circumstances unfavorable to the defendant are recognized.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that the defendant has made an agreement on the payment of medical expenses to the victim, the fact that the defendant has no record of crime exceeding the same kind of power and fine, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering the following factors.

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