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(영문) 인천지방법원 2019.10.18 2019고단5935
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On August 10, 2019, around 05:00 on August 10, 2019, the Defendant expressed the victim C (here, 61 years of age) who requested a deduction in the future, and among the attempts to have a verbal dispute with the victim C (here, f1 years of age), “the same bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a vehicle,” the Defendant taken the bit of a bit of a bit of a dangerous object on board the vehicle, and the victim took the bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on victim photographs, field photographs, and excessive blade photographs;

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;

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, injury by repeated crime [Class 1] Special Bodily Injury (Special Contributor] mitigated element: Insignificant injury [the scope of the recommended sentence and the recommended sentence] mitigated area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, and thus the applicable sentencing range is set at the minimum limit

2. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following factors: (a) the recommended sentence on the sentencing guidelines above the sentencing criteria; (b) the Defendant has no particular criminal history for the last twenty (20) years; and

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