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(영문) 인천지방법원 2018.10.24 2018고단5983
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2018, at the main point of "C" located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon on July 30, 2018, the Defendant collected the main part of the victim's head when the victim D (49 years of age) and drinking alcohol, which is a dangerous object on the customer's table, and caused about two weeks of treatment to the victim when considering the face part of the victim's face as drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

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 to mitigate small amount;

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

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] Special Bodily Injury and Cumulative Bodily Injury Type 1 (Special Bodily Injury) (4 months to 1 year), the mitigated area (the person subject to special mitigation), the punishment not for punishment (including serious efforts to recover damage), or considerable damage has been recovered;

2. The decision-making defendant sent the victim's head to the victim's illness, taken the victim's face to drinking, and was in danger of his/her behavior.

Provided, That the defendant shall be paid three million won, and the victim shall not be punished by the defendant in consultation with the victim.

The degree of injury is relatively severe, and the defendant has not been punished by imprisonment with prison labor or heavier for the same crime.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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