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(영문) 인천지방법원 2019.09.18 2019고단4733
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

At around 07:20 on May 26, 2019, the Defendant, within three occasions in Michuhol-gu Incheon, “C” in Michuhol-gu, Incheon, called “A,” while drinking alcohol with the victim D (at 19 years of age), who is an entertainment worker. The Defendant, after hearing the victim’s words “I would have come to know whether I would go about, I would have come to go to go, I would have come to sit, I would have come to go to go.” The Defendant inflicted an injury on the days of treatment to the victim, such as the victim’s hair, which is a dangerous object on the table, and the head of the victim would tear.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

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. The Defendant, under the influence of alcohol, has laid the ice to the victim who is an entertainment worker, and accordingly, the victim reflects his or her mistake, such as the fact that the head was injured, and that the Defendant agreed with the victim, and that there was no record of criminal punishment for the same crime and no record of punishment heavier than the fine, and other favorable factors of sentencing, such as the Defendant.

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