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(영문) 인천지방법원 부천지원 2017.12.08 2017고단2587
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 7, 2017, the Defendant made a dispute while talking with the victim D(53) and drinking in front of the ‘C cafeteria', which is located in Kimpo-si B around 14:45 on October 7, 2017.

At this time, the Defendant first set up against the victim’s face to spread beer on his face, and then laid off the part of the victim’s flag on one occasion by using cathos, thereby making it difficult to identify the number of days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant reflects his mistake; (b) the Defendant agreed smoothly with the victim; and (c) the nature of the crime is not good; and (d) the Defendant’s history of punishment several times due to the crime related to violence is considered as an unfavorable circumstance; and (c) the same type of punishment as the order is determined by taking account of various sentencing conditions shown in the instant argument.

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