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(영문) 인천지방법원 2020.03.13 2019고단9614
특수상해
Text

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

At around 11:10 on December 17, 2019, the Defendant: (a) while on board the Defendant’s C convenience store located in Incheon Strengthening Forces B with the victim E on the front side of the convenience store, the Defendant: (b) while the victim was staying in a dispute with the Defendant’s phone without obtaining the Defendant’s phone, the Defendant: (c) 2 of the Defendant’s hair, which is a dangerous object, carried the Defendant’s head and the vehicle hand-on; (d) caused the said glass view to the Defendant’s escape; (c) flick disease, which is a dangerous object, flick the victim’s hair; (d) flick, flick the victim’s face, flicked the victim’s face, and flicked the victim’s face, and flicked the victim’s loss or loss of dental dental appliances, flick, etc.; and (d) flicked the victim by having the victim interfered with the blick.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs of damaged parts;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six to five years from the date of imprisonment with prison labor for a range of punishment imposed by law;

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

(a) An injury by special injury, or repeated crime, of any type of determined violent crime;

(b) Mitigation elements for special persons who are sentenced to punishment: No punishment shall be imposed;

(c) The scope of recommendations and the scope of recommendations mitigated (one year from April to one year for imprisonment);

(d) Six months to one year from the date of imprisonment with prison labor for the amended range of recommendation (inasmuch as the scope of recommendation is lower than the lower limit of the applicable sentences in law, it shall be in accordance with the lower limit of the applicable sentences in law);

3. Although the determination of sentence of punishment of this case is inferior to the nature of the crime of this case, the defendant shows his attitude to recognize and reflect the crime of this case, and the crime of this case in advance.

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