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(영문) 인천지방법원 2020.01.08 2019고단6873
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 19, 2019, at around 23:25, the Defendant was under drinking the victim D (the age of 68) and drinking in front of the “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On September 23:25, 2019, the Defendant was under drinking the victim, who is a fluor resident, without any particular reason, and was able to take the part of the victim’s face, which is a dangerous thing in his or her place, and sustained the victim’s face to which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the offender's place, origin report and photograph;

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. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods of the instant crime, and the circumstances after the crime was committed.

In light of the circumstances and contents of the crime of this case, the risk of a serious life-related accident, etc., the defendant's liability is important, the degree of injury suffered by the victim is important: The defendant recognized the crime of this case and reflects his mistake; the defendant has no record of criminal punishment other than the fine imposed once due to the crime of this case; and there is an agreement with the victim.

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