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(영문) 인천지방법원 2018.06.29 2018고합278
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 11, 2017, the Defendant: (a) around 23:55, and around 23:55, the victim E (49 years of age) who drinked the same as D’D in Seocheon-gu, Seocheon-gu; and (b) was in need of approximately 2 weeks’ treatment on the part of the victim’s left part of the victim’s disease, which is a dangerous article on his/her table, among the vision, to display her back to the victim’s left part.

2. On November 12, 2017, the Defendant committed assault, such as: (a) 00:02, the Defendant reported that F, the president of the head of the head of the head of the head office, takes the victim E (49) out of the head of the head office, taking the victim E (49) out of the head office on the front of the head office, and (b) took the victim’s body in a brush, booming the victim’s body in a brush, taking the victim’s body

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A written statement;

1. A report on investigation (the currency of a witness G);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 260 (1) of the Criminal Act (a point of violence and choice of imprisonment with prison labor) concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes, which are determined for the heavier special injury);

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. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above)

1. Six months to six years from the date of imprisonment with prison labor for a prison labor in law;

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

A. In a case where a person’s body is injured by carrying a deadly weapon, such as a special injury offense for which the sentencing guidelines are not set, the sentencing guidelines have been set on the premise that Articles 3(1) and 2(1)3(3) of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) apply, but the Punishment of Violences, etc. Act was abolished.

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