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(영문) 인천지방법원 2017.04.18 2016고합823
중상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 16, 2016, around 21:30 on February 16, 2016, the Defendant refused a sexual relation, where the Defendant drinks the Victim F (46 years old) and drinking with usual knowledge in D D'E located in the Namdong-gu Incheon Metropolitan City D, and the Victim demanded a sexual relation.

Since then, despite the refusal of the defendant by the victim, the victim was about seven weeks of medical care and the injury to the open upper part of the entrance floor of the victim by making it difficult for the victim to find the victim, so that the victim's body is cut so far, so that the victim's body can be cut up by 6 cm, so that the victim is in need of medical care for about seven weeks of medical care.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G in part;

1. Written opinion (F) and written diagnosis of injury (F);

1. 현장 및 절단된 혓바닥 사진, 피의자 F 상처 부위 사진

1. Voluntary accompanying reports, internal investigation reports (excluding the part written by the defendant), notification to the reporting department of the 112 Incident, investigation reports (to have a witness H telephone conversations), investigation reports (to suspend recording of statements), and application of Acts and subordinate statutes to criminal investigation reports (to receive an injury diagnosis report);

1. Article 258 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Determination on the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. Unlike the summary of the charges in which the Defendant and the defense counsel asserted, the victim had the face of the Defendant taken breath, and forced the victim to take breath, and forced the victim to take breath in the face of the Defendant.

The illegality of the defendant's act constitutes a reasonable act to defend the above-mentioned unfair infringement on the body of the defendant and constitutes a legitimate defense.

2. Results of the jury verdict: Seven persons guilty and reasons for sentencing.

1. Scope of punishment by law: Imprisonment with prison labor for up to six months - five years;

2. The sentencing guidelines shall be recommended.

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