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(영문) 인천지방법원 2019.06.20 2019고단3124
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court, and completed the execution of the sentence on November 21, 2016.

【Criminal Facts】

On March 10, 2019, around 01:30 on March 10, 2019, the Defendant was a victim C (25 years of age) who was drinking alcohol on the front of the building B in Nam-gu Incheon Metropolitan City and was in sight and had a dangerous object that was far away from it, and caused two parts of the number of treatment days to be treated by the victim once.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. On-site photographs and the damaged part of the victim C;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to the judgment, etc. of a suspect A repeated crime), and application of Acts and subordinate statutes on the status of accommodation of each individual;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act [The defendant and his defense counsel claim that the defendant's act constitutes excessive defense, but in light of the circumstances before and after the crime, etc., it is reasonable to deem that the defendant's act was committed against the victim rather than to protect the victim's improper attack against the defendant's will. Thus, the defendant's excessive defense assertion is not accepted]

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Special Contributory Person): The lower limit of the sentencing range recommended in the sentencing guidelines for six months to one year is set by the law, which is the minimum limit of the sentencing range stipulated in the sentencing guidelines for six months.

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