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(영문) 인천지방법원 2018.10.05 2018고단2909
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2018, at around 17:13, the Defendant, while drinking alcohol together with the victim at the residence of the high-friendly victim D (21 cm) located in the Michuhol-gu Incheon Metropolitan City building C. on April 2, 2018, the Defendant deemed the Defendant to talk with his mother and her mother, and the victim said that “I d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. f. d. d. 10

In the case of two times the left head part of the victim, the victim injured the victim about two weeks of medical treatment. In addition, the victim injured the victim at an open top part of the two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Details of report on internal investigation and report on 112 of the case;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs and criminal implements photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The crime of this case within the scope of the recommended sentencing guidelines is a crime prosecuted before August 15, 2018, but the sentencing guidelines are not applicable, in light of the necessity of respect for the sentencing guidelines, the scope of the recommended sentencing guidelines that are currently in force shall be considered.

[Determination of the type] Class 1 (Special Bodily Injury) (Special Bodily Injury) - Reduction element: Reduction element (including a serious effort to recover damage): Reduction element / [Determination of the recommended sphere] Reduction element / [Scope of recommendation] 4 months to 1 year [general sentencing factors] Reduction element : serious reflect [whether suspended execution is suspended or not] - positive if a crime is committed with dangerous articles carrying a dangerous object: Reduction of punishment (including a serious effort to recover damage) - General extenuating circumstances.

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