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(영문) 인천지방법원 2020.02.05 2019고단8641
특수상해
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2019, at around 01:55, the Defendant suffered injury to the victim, such as a sugar, etc. which requires approximately two weeks of medical treatment, while the Defendant was in dispute with the victim C (Nam and 19 years of age) in the outdoor packaging vehicle located adjacent to the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the accused and C;

1. On-site and photographs of damage, and 112 reported disposal marks;

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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the statutory penalty for a special injury crime (a period of not less than one year and not more than ten years) and other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive, circumstance, means and method of the instant crime, circumstances after the crime, etc., shall be determined in full view of the following conditions of sentencing as ordered.

In light of the contents of the crime of this case and the risk of a serious accident of human life, etc., favorable circumstances such as that the defendant's liability for the crime of this case is not easy: The defendant recognized the crime of this case and reflects his mistake; the defendant agreed with the victim; the defendant and the victim are the first offender; the defendant and the victim dispute over the drinking, such as the relation between the defendant and the victim, and there were some circumstances to take into account the circumstances.

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