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(영문) 인천지방법원 2020.04.09 2019고단7999
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 2, 2019, the defendant around 14:35, around August 2, 2019, talks with the victim C(38 years of age) due to the steel work site in Jung-gu Incheon Metropolitan City.

In the case of each other's opinions, each part (2m in length and 10cm in diameter) which is a continuously dangerous object, was charged with the injury of the victim, such as the damage of the second part, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 [Class 1] Special Bodily Injury (Special Convicted Person] - mitigated element: Insignificant injury [the scope of the recommended area and the recommended punishment] mitigation area, 4 months to one year [the general person] mitigation area, 4 months to one year [the general person] mitigation element: No criminal record exists;

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (the contents of the crime at the time of sale, the reasons for the above sentencing, the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc.);

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