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(영문) 인천지방법원 2021.02.17 2020고단9312
특수상해
Text

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

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

Reasons

Punishment of the crime

At around 20:40 on November 27, 2019, the Defendant: (a) 20:40, in the Bupyeong-gu, Incheon, Bupyeong-gu B and multi-household C, the Defendant saw the victim D (mast, 55 years old) and drinking, against the victim, and boomed the disease, which was a dangerous object on the floor of the living room, and boomed the victim’s head, and flicked the victim’s head, which was a dangerous object on the floor of the living room.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

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

(a) Special injury to a special injury, or repeated crime, of any type of determined violent crime (Type 1);

B. Special sentencing mitigation factors: Punishment mitigation factors;

(c) the recommended territory and the scope of punishment mitigated, four months to one year of imprisonment;

(d) Six months of imprisonment with prison labor and one year of the amended punishment (in cases where the scope of the recommended punishment is lower than the lower limit of the applicable punishment in law, it shall be in accordance with the lower limit of the applicable punishment in law); and

3. The defendant's attitude to recognize and reflect the crime of this case is to be taken into account under favorable circumstances in which the victim expressed his/her intent that he/she would not want the punishment against the defendant by mutual agreement with the victim through criminal conciliation proceedings. The defendant's age, character and environment, relationship with the victim, motive of the crime, result of the crime, circumstances after the crime, etc., as well as the scope of recommended sentencing conditions and the sentencing guidelines stated in the arguments of this case and the records, including the circumstances after the crime, shall be determined as ordered.

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