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(영문) 인천지방법원 2018.10.19 2018고단6079
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2018, the Defendant, at around 00:40 on August 11, 2018, performed a victim C(43 tax) and alcohol in a detached house located in Jung-gu Incheon, Jung-gu, Incheon, and was punished by a dispute with the victim, which is a dangerous object on his/her customer at the same place. The Defendant collected the victim’s head and her head were flicked once with the flick, thereby causing injury to the victim, i.e., two skins requiring treatment for about 14 days.

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 against C;

1. A report on internal investigation:

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs and victim photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of the recommended punishment according to the sentencing guidelines [the type of punishment [the person subject to special sentencing] Class 1 (Special Bodily Inflicting) (the person subject to special sentencing] - The factors subject to mitigation: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered, [the scope of the recommended punishment] mitigation area [the scope of the recommended punishment] from April to one year [the person subject to general sentencing] mitigation area: The serious reflective element:

2. Whether to suspend the execution (main reasons): - Where a person commits a crime by carrying a dangerous article - positive: Non- sources of punishment (including serious efforts to recover damage) (general circumstances) - positive: There is no contingent crime, serious reflectivity, or criminal records of a stay of execution or more.

3. The Defendant’s crime of sentencing is that, under the influence of alcohol, a small-scale disease, which is a dangerous thing, inflicted a bodily injury on the part of the victim’s head, working together at the construction site, and the occurrence of a bodily injury on the head, which could cause a serious physical injury, and the small-scale disease is broken.

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