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(영문) 인천지방법원 2019.07.17 2019고단2796
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

At around 05:40 on April 11, 2019, the Defendant: (a) had the victim D (year 28) and other friendships in the absence of the victim before drinking alcohol; (b) had the victim expressed his desire to the Defendant; (c) had the victim take the part of the victim’s face; (d) had the victim take the part of the victim’s face; and (e) had the victim take part of the victim’s head debt in drinking; (e) had the victim take part of the victim’s face; (e) had the victim take part of the victim’s face at one time; and (e) had the victim take part of the dangerous article on the part of the victim’s face; and (e) had the victim take part of the victim’s head debt at 500cc glass, which is a dangerous article on the part of the victim; and (e) had the victim take part of the victim’s head, and had the victim take part of the victim’s part of the victim’s body and taken part in the treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Article 258-2 (1) of the Criminal Act, Article 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. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. The Defendant, who was sentenced to sentence, had the victim's disease, had the head of beer glass toward the victim's head, so that the degree of assault is not somewhat weak, and the Defendant is subject to criminal punishment on several occasions for the same kind of crime.

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