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(영문) 인천지방법원 2020.06.12 2020고단1591
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant and the victim B (the age of 34) are the relationship between the workplace rent and the relationship where the defendant and the victim were on overseas dispatch in Vietnam.

At around 13:30 on November 26, 2019, the Defendant: (a) was hospitalized at a Vietnam local hospital where it is difficult for the victim to know of the number of days of treatment by carrying dangerous articles, such as the victim’s head at a time when taking care of the victim’s head, on the ground that the victim was informed of the call-up in the course of convening a local worker, and the victim was informed through Vietnam without directly notifying the victim of the call-up; (b) the victim was taken in a time when the victim’s face was taken by drinking; and (c) the victim’s head was cut back; and (d) the Defendant did not appear to have included the number of days of diagnosis in the documents issued by the hospital.

(No more than 78 pages of evidence). Injury was inflicted.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A certificate of diagnosis and a certificate of translation;

1. Application of Acts and subordinate statutes to each damaged photographic and dangerous article photograph;

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. One to ten years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) An injury by special injury, or repeated crime, of any type of determined violent crime;

(b) The scope of recommendations and the basic area of recommendations (two to six years of imprisonment);

(c) one year to two years of imprisonment within the amended range of recommendation (the lowest limit of the applicable sentences in law because the scope of recommendation is lower than the lowest limit of the applicable sentences in law);

3. The decision-making defendant shows the attitude of recognizing and opposing the crime of this case, and the defendant has to take the action of suspending the execution in consideration of the fact that there is no other criminal record, in addition to the one-time fine due to drunk driving.

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