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(영문) 인천지방법원 2019.02.15 2018고단8854

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

At around 00:40 on November 3, 2018, the Defendant thought that the victim was about the attitude of disregarding the Defendant while talking about the victim D (the age of 48) and talking about the victim D (the age of 48) in Seo-gu Incheon, Seo-gu, Incheon. On November 3, 2018, the Defendant inflicted injury on the victim, such as inside the inner side, walls and bridges of the victim, the 3 balance of the 3 balance of the flab, which requires treatment for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of an injury and a report on internal investigation (on-site conditions, etc.);

1. An injury diagnosis certificate (D);

1. A victim's photograph and field photograph;

1. 112 Application of Acts and subordinate statutes to a statement of report;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of type] of punishment according to the range of punishment for special injury and repeated injury (special injury) - (including efforts to recover damage) - Where the mitigated element is reduced (the decision of the recommended area], the mitigated area of punishment [the scope of the recommended area] from April to one year [the general person] reduced area of imprisonment [the mitigated area] - The mitigated element of punishment shall not have serious reflective power and criminal punishment;

2. Whether or not the suspension of execution [main reasons for the suspension of execution] - Where a person commits a crime by carrying dangerous articles - There is no record of criminal punishment, and the sources of punishment (including serious efforts for the recovery of damage) [general reasons for the suspension of execution] - positive: There is no contingent crime, serious reflectivity, or a criminal record of a stay of execution or more.

3. The defendant's crime of sentencing is likely to result in disregarding himself.