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(영문) 인천지방법원 2017.01.12 2016고단7689
특수상해
Text

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

On November 5, 2016, the Defendant: (a) 22:40, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, 216 U.S. Mabro 216, sent back the face of the victim C (48 cm) who was under the influence of alcohol in front of the construction site of the apartment site of Pushean, without any justifiable reason, and continued to inflict injury on the victim’s face and body part beyond the floor on the water for treatment days, such as cutting off the bones of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. A protocol of seizure and a list of seizure;

1. The application of Acts and subordinate statutes to the seized articles photograph, photograph of a victim, scene photograph, photograph of a defendant, photograph of a new photograph of a defendant, investigation report (Attachment to image data of a shot person), sad one copy, investigation report ( currently in the state of the victim and reasons for not preparing a record of damage), investigation report (to be recorded in the victim's statement and the statement of damage), investigation report (to be accompanied by telephone conversations of a victim), investigation report (to be recorded in the victim's statement and diagnosis report), investigation report (to be accompanied by a victim's telephone statement), response to a request for appraisal

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not likely to be committed by causing injury to the victim by using bricks, which are dangerous objects of the defendant.

The defendant, who entered the Republic of Korea as a tourism visa, denied the crime at the first investigation agency, and rather accepted a fighting match.

However, the prosecution recognized the crime after the prosecution and reflected it.

In the instant crime, the injury caused by the instant crime was diagnosed as the duplicating of the three cuplics that require four weeks of treatment, and the duplicating of the duplics that require five weeks of treatment.

In the course of investigation, the family members of the defendant paid a sum of five million won to the victim, and the written agreement was prepared (Provided, That the victim, even after the agreement, shall be punished according to the law). The defendant, in addition to this case, shall be punished in Korea.

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