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(영문) 인천지방법원 2020.06.11 2020고단1908
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 20:00 on February 29, 2020, the Defendant heard the victim’s phrase “it has a problem with piping pipes when drinking alcohol on the upper floor,” while drinking alcohol with the victim D (59 years of age). However, the victim’s phrase “the knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knb knbnb knb knb knb knb knb knb knb.

As a result, the defendant carried dangerous objects and carried them with a view to the victim's treatment days which cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (Refusal to affix a seal, such as a written confirmation), an investigation report (Attachment to a photograph of the body of the victim);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types]. Special Injury by Bodily Injury and Cumulative Bodily Injury [Special Contributors] Special Bodily Injury (Special Contributors): Where the victim also has considerable responsibility for the occurrence of a crime: In the event that the victim is also responsible for the occurrence of the crime, the serious injury (influence of injury to the victim) [the area of recommendation and the scope of the recommended punishment] mitigation area, four months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines], the lower limit of the sentence recommended by the sentencing guidelines for one year shall be the applicable sentencing under the law.

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