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(영문) 인천지방법원 부천지원 2014.09.17 2014고단1752
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:40 on May 28, 2014, the Defendant: (a) taken the victim D (33 years of age) from 'C' located in Bupyeong-gu, Busan Metropolitan City, Macheon-gu B; (b) however, on the ground that the victim respondeded to the face of the victim as bad, the Defendant suffered injury, such as an ad hoc rupture, which requires approximately 35 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing of Article 62-2(1) of the Social Service Order Act is not good in light of the circumstances leading up to the instant crime and the degree of injury. However, the sentence is ordered as ordered by taking full account of the following various circumstances, including the Defendant’s age, character and environment, the background and motive leading up to the instant crime, the circumstances leading up to the instant crime, and the circumstances before and after the instant crime, etc., and the sentencing conditions specified in the records and arguments, such as the confession and reflectness of the Defendant, the fact that there was no record of punishment for the same kind of crime, the fact that the Defendant appears to have committed contingent crimes under the influence of alcohol, and the victim’s deposit KRW 3.

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