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(영문) 인천지방법원 2021.03.25 2020고단11492

특수상해등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special injury Defendant is not a man who, on November 8, 2020, drinks C restaurant located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon on November 16:30, 202, or who, while drinking with a victim D (inns, 48 years of age) and a person who was under drinking with a person who was suffering from the injury.

“Around 14 days after the victim’s speech, the victim’s head was satisfyed on the table, and the victim’s head was satisfyed once, and the victim suffered injury, such as a satisfy which does not have any address in two open for treatment for about 14 days.

2. On November 8, 2020, around 16:40 around 16:40, the injured Defendant inflicted an injury on the victim by pushing the victim in good hand by pushing the victim over the floor because he was in line with the victim E (n, 43 years of age). On November 8, 202, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of police statements D and E with respect to D and E;

1. A medical certificate of injury on the 112 reported case handling table;

1. Application of Acts and subordinate statutes, such as photographs (No. 4, 11, 16 No. 16) by cutting down a C cafeteria CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (a point of injury and choice of imprisonment with prison labor);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to eight years;

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

(a) Class 1 Crimes (Special Bodily Injury) (Special Bodily Injury) / [Type 1] Special Bodily Injury (Special Sentencing / Special Sentencing / Special Sentencing : In cases where damage has been recovered or considerable damage has been recovered.