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(영문) 인천지방법원 2018.10.05 2018고단5509
상해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 13, 2018, the Defendant reported that the victim D (53 Does) did a dispute with E in front of the C cafeteria located in Gyeyang-gu Incheon Metropolitan City, and that he did so, the victim's face was taken by drinking, and the victim took a physical fighting with the victim's body going beyond the floor, and caused the victim's injury, such as the removal of internal wall and internal wall, for about four weeks of medical treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. On-site reports, investigation reports (No. 19 pages of evidence records), investigation reports (CCTV video verification);

1. Each injury diagnosis certificate (D);

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs of each suspect's assault, CCTV images, and damaged photographs taken by a police officer dispatched to the scene;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentence according to the sentencing guidelines [type of determination] - Class 1 (Special Sentencing) (Special Sentencing) (Special Sentencing Person): In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered from the sources of mitigation [the scope of the recommended sentence] range of imprisonment from February to October [the scope of the recommended sentence] range of imprisonment from 2 months to 10 months (general person in charge of sentencing]; In the case of serious reflective factors:

2. Whether to suspend the execution (main reasons) - positive: Non- sources of punishment (including serious efforts to recover damage) (including general circumstances) - positive: contingent crimes, serious reflectivity.

3. The criminal defendant's act of making a sentence of sentence is that the victim's face is visible to him/her, and that the victim's body, which is beyond the floor, has been exposed to an injury, such as cutting off of internal walls, etc., and the part and degree of the injury, are not provided to him/her, and that it is directly used to serve as a drinking house;

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