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(영문) 인천지방법원 부천지원 2018.09.14 2018고단1865
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. In around 02:55 on April 16, 2018, the injured Defendant: (a) took the victim’s face into consideration once by taking the victim’s face into consideration by hand on the ground that the victim, who attended the victim’s home of the victim C and D, No. 406, demanded the hedging; (b) continued to take the victim’s face, hair, and hand back to several times by drinking and hand; and (c) took part in the victim’s side by drinking, the injured Defendant suffered injury, such as a fry of 1 head, face, etc. of a single flat flat, other than the flat flat, which requires approximately six weeks of medical treatment.

2. In full view of the evidence duly adopted and examined by the court of assault, part of the facts charged shall be revised to the extent that it does not interfere with the defendant’s exercise of defense.

On May 25, 2018, at around 02:30 on May 25, 2018, the Defendant assaulted the victim in such a way that the victimized person, who was drinking together with the victim, went out of the victim and made a telephone call with another person, was boomed to the victim out of the damaged part, and the Defendant was able to go out of the damaged part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

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

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 260 (1) of the Criminal Act (the point of assault) and the choice of imprisonment with prison labor for the crime;

1. The so-called “fit violence” crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, such as the reasoning for sentencing of concurrent crimes, should be strictly punished on the ground that the so-called “fit violence” crime against a female victim, who is difficult to resist properly due to violence, continues ordinary and repeated due to a special fiduciary relationship with the victim.

The victim has suffered serious injury to the victim by exercising his own force of force against the victim who is in favor of the defendant (the fact that the defendant is recognized as committing each of the crimes in this case, the first offender), the unfavorable circumstances (the fact that the defendant requires the hedging), and the defendant.

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