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(영문) 인천지방법원 2019.08.28 2019고단3626
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

From around 04:08 on May 27, 2019 to 04:18 on the same day, the Defendant calculated the head of the victim DNA (55 years old) who drinks together with the Defendant as a smaller who is a dangerous object on the tables in Michuhol-gu Incheon, Michuhol-gu, and without any justifiable reason, used the victim’s son’s son at one time and one hand, and soned the victim’s son’s son with the victim’s son at one time and two hand, and was engaged in beer disease, which is a dangerous object, to the victim E (n, 52 years old), who is the head of the restaurant business that spawed, and was spawned with the alcohol, and spawned with the above victim’s neck, and spawnd with the flab, and fladd with the ebbbage.

Accordingly, the defendant carried dangerous articles and inflicted bodily injury on the victim E, such as the impairment of the second spons that requires treatment for about two weeks, and assaulted the victim E, and interfered with the victim E restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to a photograph by cutting ctv images;

1. Relevant legal provisions concerning criminal facts, Articles 258-2 (1), 257 (1) (a) and 257 (1) of the Criminal Act (the point of inflicting bodily harm on carrying dangerous articles), Articles 261 and 260 (1) of the Criminal Act (the point of using dangerous articles, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) Class II (Special Bodily Injury) violent crimes; 02. Injury by special injury and repeated crime shall be type I.

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