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(영문) 인천지방법원 2020.08.14 2020고단2934

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2020, at around 05:45, the Defendant, at the “C” restaurant located in Seo-gu Incheon Metropolitan City, brought a dispute with the victim D (35 years of age) and the said victim knicked the victim's head, which is a dangerous object against the Defendant, and caused the above victim to take care of about three weeks of treatment.

The Defendant continued to set the head and loss of the victim E (34 years of age) to the above victim, and sustained the victim's loss, such as hand, hand, and other part of the victim's loss requiring medical treatment for about three weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police's written statement of injury to D and E, on-site photographs, rupture photographs received in paintings, and Acts and subordinate statutes governing victim 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Six months to five years; and

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

(a) Each special injury [Determination of Punishment] Crimes: There is no special injury [Type 1] special injury [the scope of recommendation area and recommendation range], basic area, six months to two years; and

(b) Scope of recommendations according to the standards for handling multiple crimes: Six months to three years (the maximum of crimes No. 2) of imprisonment;

3. Determination of sentence: The defendant who is disadvantageous to the six-month normal defendant was not only the victim, but also the victim's head, etc. by taking advantage of dangerous articles. In light of the background of the crime, the commission of the crime, and the method of the crime, etc., the criminal nature of the defendant is bad.