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(영문) 인천지방법원 2021.01.20 2020고단8972
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 29, 2020, at around 00:05, the Defendant laid the victim's head one time by gathering kacks, which are dangerous articles on the table, and then put the victim's head at approximately two weeks of treatment, within the "C" drinking house located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and at the intervals between the victim D ( South Korea, 30 years of age) and the doctor's length.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of police statements by the defendant on the defendant's legal statement D (verification of on-site CCTV), photographs from the scene of the CCTV images to capture, photographs of the crime tools, photographs damaged by the victim, and written diagnosis of injury to the victim;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] special injury [type 1] special injury [the scope of the recommended punishment], the basic area of the punishment, six months to two years [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], one year to two years (the lowest limit of the applicable punishment in law]; and

2. Taking into account the sentencing conditions under Article 51 of the Criminal Act, including the circumstances following the decision of sentencing, the sentence shall be determined within the scope of the sentencing criteria as ordered by the order.

- The risk is high in light of the method of crime and the part of injury, because the victim was found to be the head of the victim.

As a result, the degree of injury is not much serious.

- Recognizing crimes.

There have been two times of punishment for violent crimes, but there has not been more criminal records than fine.

It tried to recover damage.

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