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(영문) 인천지방법원 2018.11.27 2018고단7500
특수상해
Text

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

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

Reasons

Punishment of the crime

On September 16, 2018, the Defendant, at around 02:20 on September 16, 2018, performed alcohol at C main points located in Bupyeong-gu, Incheon, Bupyeong-gu, B 1st underground, and had the face of the victim E one time via a beer disease, which is a dangerous object in dispute with D (53) and E (52).

As a result, the defendant carried dangerous articles and put the victim E on a heat room with inside of the number of days of treatment, and the victim D with inside of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of statutes, such as site photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing, etc. shall be taken into account) of the mitigated amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. A case where the area of special mitigation (two months to one year), (including a person who has been specially mitigated), minor injury, non-permanent injury (including a serious effort to recover damage), or considerable damage has been restored to one category of special injury or repeated crime (the scope of a recommended punishment), or damage has been restored to one category of special mitigation area (the special mitigation area);

2. A case where the area of special mitigation (two months to one year), the area of minor mitigation (including a person subject to special mitigation) of crimes No. 2 (the scope of recommended punishment), special injury, or repeated injury (including a person subject to serious effort to recover damage), the area of minor injury, the area of minor mitigation (two months to one year), or damage equivalent to a part has been recovered;

3. The scope of final sentence due to the aggravation of multiple offenses: Two months to one year and six months.

4. Determination of sentence of punishment for the same kind and several previous convictions, but there is no previous conviction subject to punishment for the same kind of suspension of execution or more, the extent of damage, the agreement between the victims, the defendant's opposite nature, motive and circumstances of the crime, character, conduct and environment, etc.

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