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(영문) 인천지방법원 2018.08.30 2018고단4858
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 8, 2018, at around 09:30 on April 8, 2018, the Defendant, while engaging in a dispute with a female-friendly C in front of the influence of the trade name in Nam-gu Incheon Metropolitan City, left with the victim D (35 tax) who saw it as dangerous articles, and suffered injury to the victim, such as cutting the frame of dubs consent requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of one medical certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than ten years;

2. With respect to special injuries prescribed in Article 258-2 of the Criminal Act, no sentencing guidelines are yet prepared.

One year of imprisonment, two years of suspended execution, the defendant was not aware of the same criminal records and the records of juvenile protective disposition even though he/she was able to receive the same criminal records, and the crime of this case is not good.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects his mistake in depth; (b) the Defendant agreed with the victim that the victimized person was not subject to punishment against the Defendant; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the sentencing conditions specified in the argument of the instant case, such as the circumstances after the crime, etc., shall be determined as the sentence as ordered.

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