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(영문) 인천지방법원 2020.04.23 2020고합60
중상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 2, 2019, at around 11:10, the Defendant: (a) 11:10, in a factory located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) and (c) fluoring the Defendant, fluoring the Defendant, fluoring the Defendant, fluoring the Defendant, which was a dangerous object (60cm in total length, 2.5cm in thickness 2.5cm) and fluoring the Victim’s head and shoulder part, etc., causing injury to the victim, such as the mouth of the mouth and the mouth, fluoring fluoring blood, etc.; and (d) resulting in danger to the life of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each on-site photograph, spepe photograph, D's two framework CT photograph, opinion, medical record copy, medical certificate, and medical certificate;

1. Article 258 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] general injury to violent crimes [type 2] serious injury [Special Sentencing] mitigated element: In cases where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been restored (the area of recommendation and the scope of recommended punishment] mitigated area, six months to one year and six months;

3. As to the crime of this case, the degree of the assault is serious, and the degree of damage is serious, as the crime of this case was committed by the defendant who renders the head, etc. of the victim by a pipe, and caused serious injury, such as double alleys and an alleys, etc., and the nature of the crime is too severe.

However, the Defendant recognized and reflected the instant crime, and has yet to be subject to criminal punishment, and has recovered from damage to certain extent, such as the charge of medical expenses of the victim, and the victim does not want the punishment of the Defendant by smoothly mutual consent with the victim.

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