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(영문) 인천지방법원 부천지원 2019.09.10 2019고단1048
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 1:18 on March 29, 2019, the Defendant: (a) had no capacity to discern things or make decisions due to the on-site illness; (b) had the victim D(44) who is an employee of the Defendant’s game room at the “C” located in Seocheon-si B (hereinafter “C”); (c) caused the Defendant to run in the game room; and (d) had the victim’s left end, which is a dangerous object ( approximately 31 cm in total length, approximately 15 cm in length); and (c) caused the Defendant to inflict an injury, such as double dubs, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Notification of the result of mental appraisal;

1. Seizure records;

1. Application of Part II Acts and subordinate statutes to field photographs, victim photographs, photographs of criminal tools, written confirmation of release from confinement, and written diagnosis of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury and repeated injury [the first type] special injury [the person in special form] mitigation element: the area of mitigation [the scope of recommendation and recommendation range], the area of mitigation, four months to one year [the scope of recommendation punishment revised according to the applicable sentencing range], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range in law), and the decision of two sentenced sentence according to the sentencing guidelines: the defendant has been admitted to the crime of this case in October, and the defendant committed the crime of this case in a state of mental disability due to the early illness, which is favorable to the defendant.

However, the defendant, as a dangerous object, injured the victim's head by getting the victim's head, and as a result, tried to reconcilate the victim's head, and the method of crime and the nature of crime are very high.

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