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(영문) 인천지방법원 2020.06.12 2020고단1588

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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 February 4, 2020, at around 23:25, the Defendant: (a) told the victim D(30 years of age) to the effect that “C” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) brought the victim D’s speech at a smoking room to the effect that “C opened a string of windows,” and went into a smoking room, and (c) took a bath, and (d) b) took a fluor’s disease, which is a dangerous object on the table, and inflicted an injury on the victim, such as a fluoral wave, which requires approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. One to ten years from the date of imprisonment with prison labor for the range of punishment by law;

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

(a) An injury by special injury, or repeated crime, of any type of determined violent crime;

(b) Reduction elements of special punishment for persons who have been mitigated: serious injury; and

(c) The scope of recommendations and the basic area of recommendations (two to six years of imprisonment);

(d) 1 to 2 years in imprisonment with prison labor for the scope of modified recommendation (the scope of recommendation is lower than the lower limit of applicable sentences under the law, and it shall be in accordance with the lower limit of applicable sentences under the law);

3. Circumstances disadvantageous to a decision on sentence: The degree of injury to a victim is relatively heavy;

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The defendant expressed his intention that the victim would not want the punishment against the defendant by mutual consent with the victim.

All the kinds of sentencing conditions and the scope of recommendations in the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, and the defendant's age and behavior environment, relationship with the victim, motive means of crime, results of crime, circumstances after crime, etc., shall be comprehensively considered. It is so ordered as per Disposition.