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(영문) 인천지방법원 2021.02.17 2020고단9293

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 22:40 on July 17, 2020, the Defendant, at “C” located in the Southern-gu Incheon Metropolitan City B 5th floor, was in dispute with the victim D and singing room cost calculation, and the Defendant went beyond the upper floor of the victim by putting the head debt several times, putting the victim's head debt over the upper floor, putting the victim's head debt over the upper floor, putting the boom, which is a dangerous object, putting the victim's head debt over the floor, and putting the victim's head debt into the lower part, making the victim's back water, and making the victim's back water several times, making the victim's head debt into the lower part, and making the victim's back water, and making the victim's back water to the lower part of the container without opening two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on scene photographs, diagnosis reports of injuries, and photographs damaged by assault against victims in each protocol of police statements made against D;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [Type 1] Special injury [Special Sentencing (person who is in charge of special sentencing] mitigation elements]: In the area of mitigation of punishment [the territory of recommendation and the scope of recommendation], in the area of mitigation of punishment, in April through one year;

2. The sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, shall be taken into account to determine the sentence within the scope of the sentencing criteria as ordered by the order.

- Under the influence of alcohol, the victim was assaulted without any particular reason, and the degree of injury is not weak.

- has no record of being punished for the same offence.

- To recover damage, the injured party paid KRW 17 million to the injured party, and the injured party does not want the punishment of the accused.

- recognize crimes and not repeating them.