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(영문) 인천지방법원 2019.03.13 2018고단8906
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 September 22, 2018, at around 03:20 on September 2, 2018, the Defendant: (a) reported the shape of the victim E (the 55 years of age) in the B B’s residence, which was the front of the Defendant, together with the said B; and (b) took one time the face of the victim’s left side of the victim due to beer disease in the front of the victim’s right edge; and (c) taken the instant beer disease on the front of the victim’s right edge, the Defendant cut down the victim’s right cover.

As a result, the defendant carried dangerous things with the victim and distributed them to the right side in need of treatment for about five weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol (No. 3 of the evidence list) to E to the police interrogation protocol;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] special injury (including a serious effort to recover damage) or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence], mitigation area, 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 in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The degree of damage, such as the deterioration of the human body of the victim, shall be serious, in line with the cryp of the cryp of the sentenced sentence.

However, the defendant paid five million won and agreed with the victim.

The defendant seems to have committed a contingent crime by reporting that he/she is a victim at the house of the former male-child job offer B.

The defendant is punished by a fine for gambling in 2007.

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