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(영문) 인천지방법원 부천지원 2019.09.27 2019고단2339

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 8, 2019, at around 23:10, the Defendant collected the victim D (years 57) and alcohol on the street in front of the Bupyeong-si B C cafeteria, Seocheon-si B cafeteria, on the ground that the victim took a counter-end, and continued to collect the head of the victim's face one time, which is an object dangerous to the victim, on the ground that the victim took a counter-end, and continued to take a part of the victim's face.

As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury such as tearing tear, momothing, etc. on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographs of victims and criminal tools;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of damaged parts of the victim), photographs of damaged parts of the victim, investigation reports (Submission of a written agreement and non-Submission of a medical certificate);

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 to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The fact that the defendant who was sentenced to punishment recognizes the crime and reflects the motive and circumstance of the crime in this case.