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(영문) 인천지방법원 부천지원 2020.05.29 2020고단385
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

The defendant and the victim B(the age of 51) are middle school alumni relationships.

On December 15, 2019, at around 03:50, the Defendant got off twice the head of the victim through a coffee, which is a dangerous object for the victim to whom he/she had expressed his/her desire. On December 15, 2019, the Defendant sustained the injury that the victim could not know of the number of days of treatment, and 3 cm and 5 cm down, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of an injury;

1. On-site photographs and victim photographs;

1. A receipt by account transfer and an invoice of outpatient medical expenses;

1. Application of Acts and subordinate statutes to each investigation report (field status, investigation, etc., confirmation of intent of punishment of victims, etc., and telephone conversations of victims B);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

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. Basic crimes within the scope of the sentencing guidelines according to the sentencing guidelines [the scope of recommendations] [the scope of recommendations] special crimes (special injury) [the scope of special injury and repeated injury] category 1 (special injury): Reduction area (4-1 year): Special mitigation element] (the facts in the prosecution include minor injury in the number of days of treatment, but it cannot be known whether such injury is a minor injury, and thus, it cannot be deemed that the “minor injury”, which is a special mitigation element, constitutes minor injury

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year; the crime of this case committed by the defendant while under the influence of alcohol and causing bodily injury to the victim who was the alumni in middle school by getting the victim's head to a coffee; the crime of this case is not likely to be committed in light of the circumstances of the crime, methods, results of the crime, the stale and the implements of the stale;

However, the defendant confessions the crime of this case and reflects it, and the defendant pays 3 million won to the victim and only agrees with the victim.

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