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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2605

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to a suspended sentence of three years on April 23, 2015 for a violation of road traffic laws at the Seoul Northern District Court on April 23, 2015, and was sentenced to a suspended sentence of three years on May 1, 2015.

[2] Around 01:40 on June 22, 2017, the Defendant, at the main point of “D” located in Seocheon-si, Seocheon-si, for the following reasons: (a) the victim E (48 years old) who was drinking mixed with other tables, took a dangerous object as his hand on the part of the victim’s left side, and went off the victim’s eye on the part of the victim’s eye, and led the victim to the open body around the left side of the body, etc. in need of approximately three weeks of medical treatment; and (b) the left side of the victim’s eye and the open body around the snow.

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 for E;

1. A written statement of F and G;

1. Each medical certificate, records of outpatients, and records of medical treatment;

1. Each photograph;

1. Previous conviction: The application of inquiry letter, investigation report (verification during the period of suspension of execution)-related Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment [the scope of recommended punishment] is the case where the defendant carried dangerous articles [the decision of sentence] in the area of aggravation (six months to two years) of type 1 of the general injury [the scope of recommended punishment] [the decision of sentence] (the victim's injury is dangerous], the victim's injury is not easy, the defendant has the record of having been sentenced one time to sentence due to the same violent crime, one time to suspended sentence, one time to fined, and several times of fines, and the defendant committed again the crime of this case without being aware of it during the suspension period of execution due to the previous conviction in the judgment, and has not been agreed with the victim.

However, the defendant reflects his/her mistake, and all other circumstances, such as the defendant's age, sex, the validity of suspended sentence, the degree of injury of the victim, and the circumstances after the crime.