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(영문) 인천지방법원 2019.10.28 2019고단5480
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

On March 15, 2019, around 01:05, the Defendant: (a) at the home of the Victim C (Inn, 62 years of age) located in Seo-gu Incheon, Seo-gu, Incheon; (b) while drinking with the victim, etc., the Defendant collected the disease of the principal, which is a dangerous object on the ground that the victim said the victim as "a person who does not want to do so", and caused the victim to inflict an injury on the head of the non-fash in the number of treatment days accompanied by blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as site and victim;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law); and

2. The Defendant, who was sentenced to a sentence, was a major illness, which is a dangerous object in drinking alcohol, committed an injury upon the victim’s head. The elements of the unfavorable sentencing, such as the fact that the nature of the crime is not good, the Defendant’s mistake, the victim’s punishment is not imposed, the Defendant also committed brain operation after the instant crime, and other favorable sentencing factors, such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the instant crime, and other factors that are conditions of the sentencing specified in the instant pleadings, such as the circumstances after the instant crime.

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