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(영문) 인천지방법원 2019.10.07 2019고단5755
특수상해
Text

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

except that 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 9, 2019, at around 20:20, the Defendant: (a) 95-19, the head of the victim 2 (the age of 50) who was drinking together, laid down the brick, which is a dangerous object against the Defendant on the floor, without any particular reason, and caused the injury to the victim’s head, where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol concerning B to the police interrogation protocol

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. The sentencing criteria [Determination of Types] 6 months to 1 year (the scope of recommendations modified according to the sentencing guidelines] of imprisonment for six months (the lowest limit of the applicable sentencing guidelines is applicable because the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing guidelines) in cases of special injury, repeated crime [the category 1] special injury [the mitigated person] mitigation element of punishment (including serious efforts to recover damage) or considerable damage (including the area of recommendation and the scope of recommended punishment), mitigation range of punishment, four months to one year (the scope of recommendation corrected according to the applicable sentencing guidelines];

2. The attitude of the determination of sentence is dangerous, and the degree of injury is not that of such determination;

There are many criminal records such as imprisonment with prison labor for violence cases in the past, two times as suspension of the execution of imprisonment with prison labor, and six times as fines.

However, the defendant committed the crime of this case while looking at the victim with each other, and seems to have committed the crime contingently.

The injured party does not want the punishment of the defendant, recognizing that he has assaulted the defendant.

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

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