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(영문) 인천지방법원 2020.06.25 2019고단6584

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 44 years of age).

On July 22, 2018, at around 03:00, the Defendant: (a) in the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon; (b) the victim saw the Defendant’s mobile phone while leaving the Defendant’s cell phone; (c) obstructed the victim by fasting the victim’s mobile phone; (d) supported the left side of the victim by the container, which is a dangerous object; (e) emblurged the victim’s head by taking advantage of a dangerous object; (e) flurging the victim’s head by hand; and (e) flurging the victim’s neck, which is a dangerous object, flurged and flurged the victim’s neck, and flurging the victim’s body, such as the head and the inner part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Report on internal investigation (to visit the victim's residence, etc., details of the victim's telephone call (3)), details of the suspect's text after the case, and investigation report (to make telephone conversations (4));

1. Application of family environmental survey reports, on-sites, damaged photographs, damaged photographs (a photographed photographed by an employee in a shelter at the time of the case and transmitted to the victim), and the Acts and subordinate statutes on photographs of damaged parts to the victim;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One year to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [Determination of types]. There is no special injury [Type 1] special injury [the scope of the recommended and modified punishment] [the scope of the recommended punishment], the basic area of the punishment, one year to two years (where the lowest limit of the sentence range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment, it shall be based on the statutory minimum limit of the applicable punishment).

3. Determination of sentence: The circumstances in which one year imprisonment with prison labor and the defendant recognized the crime of this case when the defendant committed the crime of this case was committed are favorable circumstances.

However, the defendant has a record of receiving family protective disposition due to a crime committed against the same victim.