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(영문) 인천지방법원 2020.02.12 2019고단350

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 27, 2018, at around 19:20 on December 27, 2018, the Defendant sent back the head of the Victim D (year 47) to the “C” on the first floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about 19:20, for the sake of two weeks of treatment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. The Defendant, who was sentenced to a sentence, was taking the victim’s head into account dangerous things, was sentenced to a sentence by taking into account such factors as unfavorable sentencing factors as the Defendant’s agreement with the victim, and other favorable sentencing factors as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, and other various circumstances as conditions for sentencing as shown in the instant pleadings, including the circumstances after the crime, etc.