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(영문) 인천지방법원 2020.11.27 2020고단6528
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 14, 2020, the Defendant, while driving Dbeer or car on the roads of Bupyeong-gu Incheon Metropolitan City B and C, around 15:34 on June 14, 2020, caused the injury to the victim by using a dangerous motor vehicle, such as 2nd and 3 times in order to prevent the victim from getting off from the vehicle due to the traffic problems between the victim E and the vehicle, and to damage the victim who was listed on the main set of the said vehicle, and the victim cannot fall down at a rapid speed so that the victim cannot fall down, and then falling off the floor, caused the victim to undergo approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) An injury by special injury, or repeated crime, of any type of determined violent crime;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c)the scope of recommendations and recommendations mitigated areas, four months to one year;

(d) Six months to one year from the date of imprisonment with prison labor for the amended range of recommendation (inasmuch as the scope of recommendation is lower than the lower limit of the applicable sentences in law, it shall be in accordance with the lower limit of the applicable sentences in law);

3. The defendant's decision on the sentence of this case shows the attitude of recognizing and opposing the crime of this case, the first offender, and the defendant expressed his/her intent not to have the defendant punished by agreement with the victim to take into account the following factors: the defendant's age and living environment, relation to the victim, motive and means of the crime, circumstances after the crime, etc., and the scope of recommended sentences as stated in the arguments of this case and the records of sentencing guidelines shall be comprehensively taken into account.

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