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(영문) 인천지방법원 2020.01.10 2019고단6376
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 became final and conclusive.

Reasons

Punishment of the crime

On August 13, 2019, at around 17:35, the defendant, in front of the residence of the defendant in Bupyeong-gu Incheon, Bupyeong-gu B lending C, and on the ground that noise was found in the neighboring victim D (the age of 45)'s residence, the defendant left the entrance door of the victim's residence by stronging the door door of the victim's residence, and then the victim unfolded the body of the victim's face immediately after the opening of the door into the victim's face, with the string container made of metal, which is a dangerous object, two times, the victim's face was cut about 10m from the left side of the victim's face, and the victim was laid with plasticized parts located in the defendant's residence.

Accordingly, the defendant carried dangerous objects and put the victim a string of treatment days to the victim.

Summary of Evidence

1. Application of each field photographic statute to the defendant's legal statement (as of the second trial date), written diagnosis of the police's statement concerning D to each field photographic statute;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Scope of the recommended sentences based on the sentencing guidelines from six months to five years under the Act on the Reasons for sentencing under Article 62 (1) of the Criminal Act (recognating favorable circumstances among the grounds for sentencing following the period of suspended sentence);

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

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) The scope of recommendations and the scope of recommendations mitigated (one year from April to one year for imprisonment);

(d) Six months to one year from the date of imprisonment with prison labor for the amended range of recommendation (inasmuch as the scope of recommendation is lower than the lower limit of the applicable sentences in law, it shall be in accordance with the lower limit of the applicable sentences in law);

3. The defendant's attitude to recognize and reflect the crime of this case is too late, there are circumstances under which certain degree of the defendant's health status can be considered, the crime of this case cannot be seen as planned in advance, and the defendant agrees with the victim.

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