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(영문) 인천지방법원 2019.11.28 2019고단7046
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on September 24, 2019, the Defendant, at the main point of “C” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, for the victim D (n, 40 years of age), and for the victim’s illness, which is a dangerous object on the table table, sold one time the part of the victim’s snow, and inflicted injury on the victim, i.e., the frame of the floor, etc. requiring approximately 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of suspect D damaged photograph Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (including a special person] mitigated element: Where a person is not subject to punishment (including a serious effort to recover damage) or has been recovered from considerable damage (the scope of the recommended and recommended sentence] mitigated range, imprisonment for four months to one year (the scope of the recommended sentence corrected according to the applicable sentence], and imprisonment for six months from six months to one year (the lowest limit of the applicable sentence under law);

2. From among those disputing with a person who has performed an alcohol together with the determination of sentence, the punishment for a crime is not less severe than that of having assessed the face of a small-scale disease, and in light of the degree of injury, etc. as long as surgery is required;

However, considering favorable circumstances such as the defendant's age, character and conduct, environment, motive for the crime, relationship with the victim, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant's age, character and behavior, motive for the crime, relationship with the victim, etc.; (b) the victim seems to have committed a sudden crime against the defendant; (c) the victim appears to have committed a contingent crime; (d) the victim agreed smoothly with the victim; and (e) there is no criminal history exceeding

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