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(영문) 인천지방법원 2020.05.22 2019고단8975

특수상해

Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who was in a de facto marital relationship with the victim B from January 2019 to June 2019.

At around 13:00 on July 23, 2019, the Defendant: (a) asked the victim to display a mobile phone in the course of pursuing the fact of the victim’s appearance in the Dcona or car driven by the victim, which was stopped on the front of the Yeonsu-gu Incheon Metropolitan City C apartment commercial building; (b) but the victim refused it; (c) stated that “The victim was able to get off the bank containing the victim’s mobile phone at the same time, and made the victim’s face, which was not set off with the victim’s mobile phone, at one time at his head, and cut off the victim’s bank one time in his hand; (d) after getting off the said vehicle, the Defendant was parked in India not more than 100 meters away from the above vehicle, and the victim was driving the vehicle immediately after getting out of the vehicle, and then the victim was able to get out of the vehicle, thereby getting the victim to get out of the vehicle by being towed by the victim, despite having to get out the vehicle by being towed by the victim.

As a result, the defendant carried dangerous things with the victim about two weeks' medical treatment, and put the victim a face-to-face typology, arms typology, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

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

(a) Tangible violent crimes;