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(영문) 인천지방법원 2020.06.11 2019고단9588
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 7, 2019, the Defendant: (a) around 13:10 on December 13:10, 2019, the victim C(70 years of age) was in the front of the restaurant located in Michuhol-gu Incheon Metropolitan City on the ground that the victim C(70 years of age) drinks and slicks, and followed the victim leaving the restaurant, and (b) broken the beer’s disease at the restaurant entrance, and caused the victim’s injury, such as the shock of the treatment days, by breaking the shock of the dangerous object.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (in case of investigation by telephone as counter to the place of occurrence);

1. Application of Acts and subordinate statutes to photographs of victims, photographs of damaged parts of the victim, photographs of a shoulderer, and photographs taken by making them up with a shoulderer disease, and photographs of damaged parts of the victim;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing following the period of suspended sentence);

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Imprisonment with prison labor for eight months, or for two years disadvantageous to a suspended sentence: The crime of this case shall be deemed to have inflicted an injury on the victim by carrying beer soldiers at the end of the time when the defendant was dead, and the details and patterns of the crime, and the part of the injury, etc.

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