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(영문) 인천지방법원 2017.10.12 2017고단5253
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2017, at around 22:40, the Defendant, while drinking alcohol together with E and victim F (24 tax), a workplace club in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as a staff member in front of the D’s drinking house, was frighted to the victim on the ground that the victimized person was frighting to the security team to which the Defendant belongs and fright to the face of the victim on the ground that he was frighted, and frighted to the face of the victim on the ground that he was frighting. In response, the Defendant inflicted injury on the victim, by walking the victim’s face at several times, including the 28-day therapy and the fright to the fright to the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of the police statement related to G;

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Ef-damage photographs, on-site photographs, and caps of CCTVs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury to the basic area (from April to June) (the basic area (from January to June) (the person who is subject to special sentencing)

2. In light of the favorable circumstances, such as the fact that the degree of the injury suffered by the victim who has been sentenced to the sentence is not easy, the fact that damage recovery or agreement has not been reached, the fact that there is no record of punishment for the same kind of crime other than twice a fine for this paper, and the fact that there are some efforts to seek damage recovery, etc., the punishment shall be determined as ordered, taking into account the favorable circumstances, and taking into account other factors such as the defendant’s age, sex behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.

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