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(영문) 인천지방법원 2018.02.01 2017고단7457
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2017, the Defendant: (a) around 01:20 on September 30, 2017, while drinking the victim E (45 years) and drinking alcohol in Seo-gu Incheon, the Defendant: (b) taken a beer disease, which is a dangerous article on the table that the victim was drunk, caused the victim’s left head on one occasion; and (c) took a part below the left side of 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 for E;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination], violent crimes, habitually bodily injury, repeated injury, special injury, and Type 1 (Special Bodily Injury): Reduction element of punishment (the scope of the recommended punishment]: Imprisonment with labor for a year and six months from June to June.

3. Determination of sentence: The crime of this case committed by the defendant for six months in prison, one year in suspended sentence, but the nature of the crime is not good. However, if the defendant recognizes the crime of this case and reflects his mistake in depth, the injured party wishes to take the preference against the defendant by agreement with the victim, and other circumstances, including the defendant's age, sex and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., as set forth in the arguments of this case, shall be determined as ordered by the sentence.

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