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(영문) 인천지방법원 2020.04.09 2019고단9549
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 10, 2019, at around 19:40, the Defendant discussed the victim D (Nam, 50 years of age)'s Japan and Siviation in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On November 10, 2019, the Defendant committed assaulting the victim F (Nam, 47 years of age) toward the part of the head of the victim E (Nam, 50 years of age) in the number of treatment days by emphasizing the victim D's head head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer of the victims;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 261 and 260 (1) of the Criminal Act concerning the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Special injury (a) and repeated injury (a) and injury by special injury and repeated offense (category 1) and special injury (a scope of recommending area and recommending punishment) and six months to two years, respectively;

(b) Special injury or repeated injury [Type 1] Special injury [the scope of recommending area and recommending range] basic area, six months to two years of imprisonment;

(c) Group 3 (Special Violence Decision) Crimes (Special Violence Decision). Violence crimes [Type 6] The basic area of repeated crimes, special assault [the scope of recommending area and recommending punishment], and April through October.

(d) Scope of recommendations according to the standards for handling multiple crimes: From June to July 10 (Article 1/2 of the upper limit of crimes No. 2) of imprisonment with prison labor;

(e) Scope of recommended types of punishment revised according to the applicable sentences: Imprisonment with prison labor for a period from one year to July 10 (in cases where the lower limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory lower limit of the applicable sentences, it shall be based on the statutory lower limit of the applicable sentences);

2. Determination of sentence: Imprisonment;

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