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(영문) 인천지방법원 2019.08.13 2019고단3656
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 2, 2019, at around 00:05, the Defendant collected beer’s disease, which is a dangerous object on the table, without any justifiable reason, under the influence of alcohol at the “C danran bar” located under the underground floor of the Bupyeong-gu Incheon Bupyeong-gu B building, Bupyeong-gu, Incheon, and caused injury to the victim, such as snow d (50 years of age), open body around the victim’s face, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (the search for shots, CCTV image confirmation, and C dan profession telephone communications);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts and field photographs;

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. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes; 2. Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Scope of Recommendation and Recommendations]

2. In light of the fact that the degree of injury suffered by the victim who was sentenced to the sentence is not less severe, and that the defendant did not receive a letter from the victim, there is a need for strict punishment against the defendant.

However, it shows that the defendant is able to repent of wrong facts while making a confession, the defendant has been sentenced to suspended sentence one time in 1986 and a fine one time in 2001, and the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by considering the following factors.

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