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(영문) 인천지방법원 2021.03.30 2020고단9990
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 19:50 on October 2, 2020, the Defendant: (a) around 19:50 on the “C” restaurant located in Incheon Strengthening-gun, Incheon, for the reason that the injured party, who used the victim D (51 tax) and the meals, has broken away to the Defendant’s impulse, and collected the glass beer, which is a dangerous object on the table of the victim, and gets off one time the head side of the victim’s left side, and caused the victim’s injury, such as an open top room, which requires approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a photograph photographic investigation report (a copy of a diagnosis of injury) to damaged parts, and a report on investigation (Attachment of CCTV video data) to the Acts and subordinate statutes;

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 to mitigate small amount;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment] special injury [the person subject to special sentencing] mitigated element: Minor injury [the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the minimum limit of the applicable sentencing range in law, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The offense is not good for the defendant to have injured the victim by getting the defendant to get off the victim's head with a dangerous article.

However, the degree of injury of the victim is minor and the victim does not want the punishment of the defendant, and all of the sentencing conditions in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and result of the crime, etc., shall be determined as ordered by considering the following factors.

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