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(영문) 인천지방법원 2018.05.02 2018고단961
상해
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 December 8, 2017, the Defendant: (a) around 20:30 on December 20, 2017, at the Incheon Detention House located in the Nam-gu Incheon Metropolitan City, Incheon, the Defendant suffered from the voice of the victim D and the victim; (b) while being in sight of each other, the Defendant: (c) caused the victim’s chest by the finger hand, pushed the victim’s chest with the finger hand; (d) caused two times on the floor, and (e) caused the victim’s injury, such as cutting down the right-hand flaver, which requires medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes of the investigation report (No. 14, 15) at a moment;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

The crime of this case was committed at a disadvantage: The defendant, who is in the Incheon detention center, suffered an injury in need of approximately 12 weeks of treatment to the victim who is another inmate, and in light of the circumstance, contents, degree of injury suffered by the victim, etc., the crime of this case was committed in favor of the defendant: The defendant recognized the crime of this case, and reflects his mistake; the defendant committed the crime of this case; the defendant committed a dispute with the victim, and the victim does not want the punishment of the defendant by agreement with the victim, etc.

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