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(영문) 인천지방법원 2019.07.17 2019고단3254
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 March 8, 2019, at around 23:45, the Defendant, in the Bupyeong-gu Incheon Bupyeong-gu B, and at around 23:45, had the victim D and Siviced with the other customer, under the influence of alcohol within 'CB', sent the victim' face one time in drinking, and was exposed to the victim' face, and had approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to D;

1. Articles 258-2 and 257 (1) of the Criminal Act applicable to 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 the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of 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 by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence sentence: (a) the Defendant: (b) committed instant crimes against the victim; (c) it is difficult to view that the degree of assault was less severe; (d) the Defendant again committed the instant crimes despite having the record of criminal punishment for the same kind of crime; (c) the elements of disadvantageous sentencing, such as the Defendant’s mistake; (d) the factors of favorable sentencing, such as the victim’s age, character and behavior, environment, family relationship, motive and consequence of the instant crime; and (e) other favorable sentencing factors such as the Defendant’s age, character and behavior, family relationship, and the motive and consequence of the instant crime; and (e) the circumstances constituting the conditions of sentencing as indicated in the instant pleadings, such as

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