beta
(영문) 인천지방법원 2020.05.07 2020고단383

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On December 22, 2019, at around 11:37, the Defendant: (a) requested the victim D (the age of 60) who was sitting and drinking at the right edge of the road installed in front of the C cafeteria in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, to smoke; (b) refused the request; and (c) caused assault, such as suitable for the chest on the hand floor of the victim, which is a dangerous object that he was in the front of the C cafeteria; (d) when considering the end part of the victim as a plastic, the Defendant laid the face of the victim requiring approximately three weeks medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A photograph of the damaged part of the victimD;

1. Application of the laws and subordinate statutes to suspect A special injury ctv video c.

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: 8 months of imprisonment with prison labor and two years of suspended sentence: The crime of this case is committed by assaulting a victim by using plastic chairs at the end of the time when the defendant was dead, and accordingly, the crime of this case is punishable in light of the circumstances and form of the crime, the injury to the face, the degree and degree of the injury, etc.