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(영문) 인천지방법원 2020.07.22 2020고단4057
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 8, 2020, the Defendant, at around 00:05, at the main point of “C” located in Seo-gu Incheon, Seo-gu, Incheon. At around 00:05, the Defendant invadedd the victim D (Nam, 60 years of age) who was a side bble, and the victim was asked the president to “replace the body of the body”, and he was flicked with the beer’s disease, which is a dangerous object in the table, and caused damage to the face that requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation, on-site photograph, certificate of injury, and photograph of the victim face;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Contributor] mitigated elements: Imprisonment with prison labor for one year [the scope of recommending punishment and the scope of recommending punishment] (the scope of recommending punishment] mitigated area, imprisonment with labor for four months to one year (the scope of recommending punishment corrected by applicable sentences] (the minimum limit of applicable sentences under Acts);

2. The sentencing guidelines set forth in Article 51 of the Criminal Act, including the method of sentencing and the degree of injury, the records of punishment for violent crimes committed during the towing, the victim paid 3 million won to recover damage, and the victim did not want the defendant's punishment, shall be determined within the scope of the sentencing guidelines, taking into account the sentencing conditions set forth in Article 51 of the Criminal Act, including the circumstances;

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