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(영문) 인천지방법원 2019.02.22 2018고단8950
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

At around 07:20 on October 25, 2018, the Defendant, while drunkly drinking in the Defendant’s residence located in Namdong-gu Incheon Metropolitan City, inflicted an injury on the number of days of treatment on the victim by putting the victim’s face on the ground that the victim’s disregards it, as a result, putting the victim’s face on the ground that the victim’s disregards it, and displaying the ice knife (23cm in total length, 13cm in length, 10cm in length in knife in knife, 10cm in knife in knife) which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. The part of the protocol of interrogation of the police officer against the defendant (the second, the second, the second, and the second) written statement

1. A medical certificate of injury (number 8);

1. Application of Acts and subordinate statutes to photographs used by E for special injury;

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. Article 62 (1) of the Criminal Act;

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

1. range of the recommended punishment according to the sentencing criteria (the range of recommending punishment), range of the mitigated punishment (four months to one year) in the area of reduction (special mitigation) of punishment (special mitigation) of category 1, the injury by special injury and repeated crime;

2. The crime of this case committed by the defendant with a sentence sentenced is the case where the defendant displayed the ske knife of the victim's fingers by cutting the fingers of the male-friendly arrest victim, and inflicted bodily injury upon the head in the knife with a knife, and the crime's nature is not exceptionally applied in light of the danger of the implements of the crime, the degree of damage

However, the defendant has led to the confession of the crime and the mistake.

The defendant does not seem to have a tendency to commit violent crimes because he/she has no record of being punished as a violent crime.

The victim shall not want the punishment of the defendant in consultation with the victim.

In the above circumstances, the defendant's character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime are included in the trial process of this case.

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