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(영문) 인천지방법원 2020.11.27 2020고단9294

특수상해

Text

A defendant shall be punished by imprisonment for 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

On September 4, 2020, at around 00:25, the Defendant collected son’s disease, which is a dangerous object for the reason of influencies while drinking alcohol, together with the victim D (n, 48 years of age) and D’s male-friendly arrest victim E (ma, South, 45 years of age) who is the Defendant, and taken her face three times due to the shock of the victim E, her shocked three times due to the shock of the shock, and continued to restrain the victim D’s hand on one occasion with the fluen of the above fluen disease, and caused the victim E’s injury on the left part part of the victim E in need of approximately two weeks of medical treatment, and the victim D’s injury to the left part-hand part-hand part of the victim E, the left part-hand part of the 4 weeks of medical treatment, and opened the hand, hand, and the hand, etc. of the victim E, respectively.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Concurrent Crimes: Crimes of special injury (determination of types) and violent crimes: 【Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Contributors (Special Contributors): Reduction area of punishment [Recommendation and Recommendation range] mitigation area

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year and six months (the upper limit of crimes No. 2).

(c) The range of recommendations modified according to the applicable sentences: to be recommended in the sentencing guidelines from June to June of one year;