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(영문) 인천지방법원 부천지원 2020.06.19 2020고단552
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 becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2019, at around 05:00, the Defendant, while drinking together with pro-Japanese D and victim E (n, 25 years of age) in the Defendant’s dwelling in Bupyeong-si B apartment C, and drinking together with drinking, and having a dispute, the Defendant, which is a dangerous thing (the total length: 24 cm, day length: 13 cm) in the kitchen at the same place, and the kitchen (the total length: 29.8 cm, day length: 16.5 cm) and the kitchen (16.5 cm: : 16.5 cm). The Defendant, on November 19, 201, sent the above knife to the Defendant and presented the same knife to the Defendant, was two times off the knife of the victim by the above excessive.

As a result, the defendant carried dangerous objects and carried them about about 14 days of treatment to the victim, and the victim was injured by a dystrophy.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site suspect photographs of 112 reported case processing lists, knife photographs of seized objects, and photographs of victims of damaged parts of such photographs;

1. A copy of the medical certificate of injury, or medical records of victims;

1. As to the request for appraisal, the submission of a written diagnosis by the victim, the request for the appraisal of seized articles, and the submission of a gene appraisal report (as to the statement by the victim, the submission of a written diagnosis by the victim, the response to requests for appraisal, and the submission of a motion picture by the reference witness) respectively (as to the statement by the victim, the submission of a written diagnosis by the victim, the submission of a written diagnosis by

1. Article 258 (1) or 257 (1) of the Criminal Act applicable to 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 48 (1) 1 of the Criminal Act;

1. Basic crimes within the scope of the sentencing guidelines according to the sentencing guidelines (the scope of recommendations), special injury and repeated injury: Reduction area (4-1 years) of the mitigated area (4-1 years) of the special mitigation area (special mitigation factors): Insignificant injury and penalty costs;

2. Determination of sentence: Imprisonment with prison labor for six months, and with respect to the crime of this case for two years of probation, the defendant shall be under the influence of alcohol;

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