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(영문) 인천지방법원 2018.12.12 2018고단7298
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 May 22, 2018, at around 02:00, the Defendant considered that the injured party, while drinking alcohol in the next place of the victim E (the age of 29) who drinks a female-child Gu and drinking alcohol, was able to talk with the victim E (the age of 29). On May 2, 2018, the injured party was able to talk with the female-child Gu of the defendant. On the other hand, the injured party was able to take one time the face of the victim by a small-child who was in danger of being placed on the consignee, and again, when the victim's face is taken one time due to drinking, the victim was placed in an open top of the head and other parts that require approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria [Scope of Recommendation] Where the area of mitigation (four months to one year), the area of mitigation (including a person who has been specially mitigated), the penalty not (including a serious effort to recover damage), or considerable damage has been restored to a certain part (decision of sentence) in the area of mitigation (four months to one year) of a special injury or a repeated crime;

2. The attitude of sentencing decision was dangerous.

However, the extent of damage is not much severe, and the defendant paid 5 million won to the victim in the criminal conciliation procedure and agreed to do so.

The defendant seems to be a contingent crime, and is against the defendant's confession.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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