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(영문) 인천지방법원 부천지원 2019.10.10 2019고단2265
상해
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

The defendant is a victim B (n, 20 years of age) and a relationship with the victim B.

On June 23, 2019, at around 10:38, the Defendant, while drinking alcohol together with the victim at the “D” restaurant located in Kimpo-si C, notified the victim of his/her differentness, sent him/her to him/her two times with his/her son’s scam, boomed him/her with his/her scam, cut him/herself over the floor, and then kneeed the victim’s head kne with his/her knekne, thereby causing injury to the victim, such as cerebrum, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Investigation report (Investigation of witness contents);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the scene of the case and photographs of victims

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. From 2 months to 10 months in the area of mitigation [the scope of recommendation] of the sentencing criteria, the range of recommendation [the scope of punishment] of the general injury to violent crimes (the determination of the recommended area] of the category 1 (the determination of the recommended area] of the mitigated area;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below four months in prison, and the age, character and conduct, environment, circumstances of crimes, and circumstances after crimes.

The favorable circumstances: The confession of the crime was made.

The misunderstanding has shown the misunderstandings.

The victim shall not be punished for a defendant by mutual consent with the victim.

D. Unfavorable circumstances: The female victim who was a son notifies the victim's head, etc. in a non-discriminatory manner, and the victim's head, etc. is not highly dangerous in light of the vulnerability of the victim, the other part, etc., and the other part is not good.

Although the number of diagnosis orders of the victim is only two weeks, the degree of injury or mental impulse suffered by the victim was reasonable considering that the victim actually received hospitalized treatment.

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