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(영문) 인천지방법원 2017.12.07 2017고단7548
특수상해
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From March 2012, the Defendant, from around 1, 2012 to around August 2012, 200, she was the victim C (n, 43 years of age), and around August 1, 2012. From around 02:00 to around 5102, the Defendant inflicted an injury on the victim’s right-hand part of the part of the part where the victim’s right-hand part of the victim’s body was flicked with knife and the number of treatment days cannot be known to the victim, such as an open top of 2 cm and depth of 1.5 cm in length, at the Defendant’s residence of Yeonsu-gu Incheon, Yeonsu-gu, Incheon. (D3 5102).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

1. Grounds for sentencing under Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders;

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination], violent crimes, habitually bodily injury, repeated injury, special injury, and Type 1 (Special Bodily Injury): Reduction element of punishment (the scope of the recommended punishment]: Imprisonment with labor for a year and six months from June to June.

3. Determination of sentence: The defendant's crime of this case for two years in the suspension of execution and three years in the suspension of execution is about to put the victim's timber on the road and the nature of the crime is extremely poor, and the defendant does not take any relief measures such as immediately moving the victim to the hospital even though knife shows that knife is going to a large number of knife, and it seems that knife has followed the escape life for at least four years after the crime of this case, it is necessary to severely punish the defendant.

However, the defendant recognized the crime of this case, and is well aware of the defendant's mistake during the period of detention for a period of two months.

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