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(영문) 인천지방법원 2020.06.10 2020고단172
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

At around 02:50 on November 17, 2019, the Defendant collected the free residues, which is a dangerous object, without any justifiable reason, from the main points located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, and caused approximately three weeks of treatment to the victim C (n, 52 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction element of punishment (the scope of the recommended area and the recommended punishment], reduction range of punishment, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing], imprisonment for six months through one year (the lowest limit of the applicable sentencing standards in the case of the lowest limit of the applicable sentencing criteria), respectively;

2. Determination of sentence: (a) comprehensively taking account of the various sentencing conditions indicated in the instant case, such as the circumstances following the determination of sentence; (b) the Defendant’s age, character and conduct; (c) motives and patterns of the commission of the crime; and (d)

In light of the fact that there is a history of criminal punishment several times due to the crime of assault, injury, etc. in the past, the fact that there is a high risk of committing a crime in light of the goods at which the victim prices and the part where the victim suffered an injury: The fact that the victim does not want the punishment of the defendant, and there is no record of criminal punishment exceeding

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