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(영문) 인천지방법원 2018.11.21 2018고단7001
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2018, at the main point of “D” located in the second floor of the Yeonsu-gu Incheon Metropolitan City C building, the Defendant: (a) took alcohol together with the victim E (50 years) and F in a de facto marital relationship with the victim; (b) while the Defendant was under a de facto marital relationship with the victim, the Defendant divided the dialogue with F; and (c) the Defendant was sected by misunderstanding the victim, and (d) the victim’s head head part was 4 times in total, which is a dangerous object on the table, and (d) the victim’s head part was ir head part in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the range of recommended punishment] [the range of recommended punishment] Special Bodily Injury and Cumulative Bodily Injury Type 1 (Special Bodily Injury) (4 months to 1 year), the mitigated area (the person subject to special mitigation), the punishment not for punishment (including serious efforts to recover damage), or considerable damage has been recovered;

2. The attitude of sentencing decision was dangerous.

However, the degree of injury is not much serious.

As between the victim and the victim of this kind of relationship, the defendant paid medical expenses immediately after the instant accident and the victim does not want to be punished by the defendant.

Defendant is in conflict with his confession.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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