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(영문) 인천지방법원 2020.10.15 2020고단6314

특수상해

Text

A defendant shall be punished by imprisonment for 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

At around 14:00 on May 29, 2020, the Defendant: (a) caused a dispute between the victim C (ma, 62 years of age) who worked at the same construction site in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the traffic control issues; (b) caused an injury to the victim, such as a erode, tension, tension, etc. in need of medical treatment for about two weeks, by using the allebbbbbbbbbbbage, which is a dangerous object in which a chemical was located, and at least 370cm.

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 to C by the police;

1. Application of Acts and subordinate statutes to medical certificates of injury (No. 4,5,10,15, and 16) to each photograph (Evidence List No. 4,5, 16);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] (the range of the recommended punishment] according to the sentencing guidelines for six months to one year [the range of the recommended punishment shall be the lowest limit of the applicable punishment in law, since the lowest limit of the sentenced punishment recommended by the applicable sentencing guidelines is inconsistent with the minimum limit of the applicable punishment in law, the special injury, the penalty (including a serious effort to recover damage), or the considerable partial damage is recovered;

3. The crime of this case, where the sentence of sentence was determined, was committed by the defendant, by prices multiple times for the shoulder and sacrine part of the victim of Aluminium surveying and posters prone, which are dangerous objects, and causing bodily injury to the victim for about two weeks in light of the content of the crime, and the liability for the crime is heavy.