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(영문) 인천지방법원 2018.04.25 2018고단1110
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 January 15, 2018, the Defendant: (a) around 04:25, at the main point of “E” operated by the victim D (61 tax) in Seo-gu Incheon, Seo-gu Incheon Metropolitan City (E) and calculated the drinking value, and caused the victim’s face by drinking alcohol; (b) taken the victim’s head into consideration as a main disease of dangerous object, and took about three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate of injury;

1. Investigation report (to attach CCTV images to crimes);

1. Application of Acts and subordinate statutes to data on the spot and on the part of damage;

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. It is highly dangerous that the face of a victim who has difficulty in physical strength due to a delay in the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence will be removed from the face of the victim by multiple times and by small-scale illness.

However, it appears as a contingent crime, and the defendant paid 10 million won and agreed with the victim.

The defendant is led to confession, and is waiting for military intervention.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive, background, means, and consequence of the instant crime, frequency of the crime, age, criminal defendant's age, sexual conduct, environment, criminal record, and circumstances after the crime.

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