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(영문) 인천지방법원 2019.09.09 2019고단4619
특수상해
Text

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

Reasons

Punishment of the crime

On July 14, 2017, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Suwon District Court on July 14, 2017 and completed the execution of the sentence on October 2, 2017.

On July 3, 2019, around 22:45, the Defendant considered that the wife of the victim D(the age of 43) (the Defendant’s employer) was badly talking about the Defendant’s wife in front of the main point of “C” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and caused the victim’s head one time by beer disease, which is a dangerous thing at which the victim’s head was exposed, and caused the victim’s face face to which the treatment period cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Previous records of judgment: Application of criminal records, reply reports and individual confinement records to Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 victim who has been sentenced to sentence shall receive five million won from the defendant and shall not want the punishment of the defendant at present by agreement;

Defendant appears to have committed a crime by contingency, and confession of a crime.

The defendant supports his wife and children born in 2019.

However, the defendant gets off the victim due to beer's disease, resulting in the victim's appearance in the luminous part, resulting in danger of the behavior, and confirmed by the photograph taken on that day.

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