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(영문) 인천지방법원 2017.06.30 2017고단3364
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

1. On March 16, 2017, Defendant A suffered from injury to the number of days of treatment that can tear about 5 centimeters in glass residues, which is a dangerous article on the table, while he/she had a verbal dispute with the victim B (31 years of age) in the Nam-gu Incheon Metropolitan City and the third floor D around March 16, 2017.

2. Defendant B asserted that the victim A (26) was injured at the above date, time, and place, as seen above, Defendant B had an influence of the number of days of treatment when the victim’s face was taken over by drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police against Defendant B;

1. Investigation report (to hear statements from related persons on suspicion of injury to B);

1. Application of the legislation in its opinion;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act; Articles 257(1) of the Criminal Act; Articles of imprisonment

1. Defendant A to be mitigated of a small amount: Articles 53 and 55 (1) 3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing);

1. Defendants subject to suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below);

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

A. Since the sentencing guidelines are not set as to the crime of special injury under Defendant A’s criminal law, the sentence should be determined as follows within the scope of the applicable sentences under the law that reduced the amount of punishment (six months of imprisonment or five years of imprisonment):

B. Defendant B [Type] (General Sentencing) No. 1 (Special Sentencing) (Special Sentencing) of the General Injury to Violence - Where the element of mitigation has been recovered from the sources of punishment (including serious efforts to recover damage) or considerable damage (decision in the territory of recommendation) [the scope of recommendation] mitigation area / [the scope of recommendation] 2 months to 1 year [the general sentencing person] mitigation element - The serious reflectness [whether suspended sentence is suspended] - The main reason for major consideration is not positive (for recovery of damage).

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