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(영문) 인천지방법원 2019.01.30 2018고단8310

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

around 20:26 October 4, 2018, the Defendant has a dispute with the victim D (the age of 44) at a cafeteria located in Michuhol-gu Incheon Metropolitan City B.

In other words, the victim's right knee knee knee knee knee kne kne kne knee kne knee knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the indicating of on-site photographs and inserted photographs, victim-victim photographs, and 112 reported case;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The following conditions of sentencing under Article 62-2 of the Social Service Order Criminal Act shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of the instant crime, and the circumstances after the crime was committed, and the conditions of sentencing as indicated in the trial process.

In light of the background and method of the crime of this case, in the case where the defendant inflicts an injury on the victim by inserting dangerous articles, the crime of this case was committed in favor of the defendant, such as the fact that the nature of the crime of this case is not good and the risk of causing a serious damage to the life of the defendant was not high, and that there was a record of punishment several times of violent crimes: The defendant recognized the crime of this case and reflects his mistake; the fact that the defendant agreed with the victim; the defendant's wife wanted to take the front place while preventing the recidivism of the crime of this case.