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(영문) 인천지방법원 2020.09.24 2020고단6041
상해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 3:40 on May 10, 2020, the Defendant injured the victim at the main point of “D” operated by the victim C (n, 54 years of age) in Gyeyang-gu Incheon Gyeyang-gu, and, under the influence of alcohol, the victim suffered bodily injury, such as a breathy, which requires approximately three weeks of treatment.

2. Special intimidation: (a) the Defendant: (b) carried a shouldered beer’s scrash, scrash, and the victim’s scrash and scrashed, and threatened the victim with dangerous things as if he would inflict harm on the victim’s life and body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Act and subordinate statutes to the police protocol of statement C (No. 3 of the evidence list);

1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation) and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years and not more than six months;

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

(a) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and repeated crime, special intimidation (Special Intimidation) (Special Intimidation): In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommendation and recommendation), the area of mitigation of punishment is subject to mitigation (the scope of recommendation and recommendation), two months to one year;

(b) The elements for mitigation of a general injury (type 1): In cases of a crime (including serious efforts to recover damage) or a considerable part of damage (in cases of a person who has been specially punished), the area of mitigation [the area of recommendation and the scope of recommendation], the area of mitigation of punishment (the area of recommendation and the scope of recommendation), February to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes of February to May 1.

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