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(영문) 인천지방법원 2020.04.09 2019고단8176

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 20, 2019, at around 02:43, the Defendant, on the front of the C cafeteria located in Michuhol-gu Incheon Metropolitan City, on the ground that the injured party D (the 32 years of age) was not much aware of the Defendant’s late repayment of the Defendant’s obligation to the Defendant. However, the Defendant’s use of the Defendant’s 쇠-gate network (80cm in total length), which is a dangerous object located in the string of the vehicles, carried out one time at the left side of the injured party, caused the Defendant’s injury to the part of the body of the body of the body of the parts of the arms below the left side requiring approximately eight weeks medical treatment.

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 made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] for violent crimes: Special injury, injury by repeated crime [Type 1] - Special injury (special person for appearance] - mitigated elements: Non-applicable area of punishment [the area of recommendation and the scope of recommendations] mitigated, and four months to one year;

2. Determination of sentence: 8 months of imprisonment with prison labor and 2 years of suspended sentence (the contents of the crime in the market, the degree of injury to the victim, the grounds for the above sentencing, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc.);