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(영문) 인천지방법원 2019.03.14 2018고단8951
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:00 on September 22, 2018, the Defendant, while drinking alcohol together with “C” located in Jung-gu Incheon Metropolitan City, was suffering from injury to the victim D (26 years of age) who was sexual intercourse with “D” (the victim 26 years of age) and the main of the victim, who was a dangerous thing in the middle-gu, Jung-gu, Incheon, caused on one occasion the victim’s head part at one time, and suffered injury to the victim, such as two open wifes, which require approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

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 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes; 2. Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Scope of the recommended area and the range

2. In light of the developments leading up to the injury of the head, which may cause serious injury to the principal of the relevant person due to the death of the victim and his/her alcohol during the sentence of sentence, and the method of such injury, it is not highly dangerous and good in light of the circumstances and the method of such injury.

However, considering favorable circumstances, such as the defendant's age, character and behavior or environment, motive for the crime, relationship with the victim, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the defendant's perception of and reflects the crime; (b) the degree of damage is a contingent crime; (c) the degree of damage does not reach a severe degree; and (d) there is no penalty force exceeding the same criminal record or fine;

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