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(영문) 인천지방법원 2020.05.14 2019고단6993 (1)

특수상해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2018, at around 00:25, the Defendant got attacked from the victim C (manam and 21 years of age) in Incheon reinforced Military Bridge, and was assaulted by taking advantage of fire extinguishers (weight 3.3G, height 45CM), which is a dangerous object being kept in pention, one time the head of the victim was her head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Police suspect interrogation protocol regarding C;

1. On-site photographs, etc. (No. 2 No. Serials of Evidence);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of violent crimes [type 6] repeated crimes and special assault [Special Convicted Persons] mitigated elements: Where victims are fully responsible for the occurrence of crimes or the expansion of damage therefrom (the area of recommendations and recommendations] mitigated areas, and February through February, respectively;

3. The crime of this case, which is a dangerous object of the defendant, committed an assault by putting the head of the victim on a fire extinguishing machine, which is a dangerous object, is recognized as disadvantageous to the defendant, such as the fact that the criminal liability is heavy in light of the content of the crime.

However, there are some circumstances that may be taken into account the circumstances of the crime of this case as the defendant committed the crime of this case in the course of protesting against the defendant's attack by beer mar, which is the dangerous object of the victim, and the defendant has no record of any particular violent crime so far, and other conditions of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, after considering the following factors, shall be determined as the sentence as ordered.