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(영문) 인천지방법원 부천지원 2020.04.24 2019고합245

중상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the litigation costs, KRW 400,000 shall be the defendant.

Reasons

Punishment of the crime

On August 17, 2019, at the C main point in Bupyeong-si B around 00:01, the Defendant, while drinking alcoholic beverages together with the victim D (the age of 47) first known at the nearby party room, was frighting from the drunkd victim, and was frighting out of the floor when her face was taken by drinking, was frighting out of the floor when her face was taken by drinking, and then she was frighted out of the main point when her face was taken out of the hand floor.

Then, the defendant followed several times the body of the victim who was in excess of the floor, face with the hand floor, side care, etc., and caused serious injury to the victim's life by causing about four months of treatment. In addition, the defendant caused a serious injury to the victim, such as a warden's external wound, tent, etc., which requires treatment for more than four months.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made by witnesses D in the second protocol of the trial;

1. Investigation report (in the E Hospital, family interview for victims);

1. Medical certificate (Evidence No. 92 pages);

1. On-site photographs, closure photographs of the crime scene;

1. DVD, such as CCTV images at C main points;

1. Inquiries into, reply to, and application of Acts and subordinate statutes to, E hospitals;

1. Article 258 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] general injury [Type 2] serious injury (special person in a form): Where victims are fully responsible for the occurrence of or the expansion of damage to a crime, [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment for six months to one year and six months [the scope of the recommended sentence revised according to the sentencing guidelines] for one year and one six months (in cases where the lowest limit of the scope of the sentenced sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentence, it shall be based on the statutory minimum limit of the applicable sentence).

3. Determination of sentence: