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(영문) 인천지방법원 2020.08.13 2019고단9520
특수상해
Text

A defendant shall be punished by imprisonment for 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 2, 2019, around 15:30 on October 15, 2019, the Defendant changed the victim D (n, 45 years of age) into his mind before the computation team in Yeonsu-gu Incheon Metropolitan City, and caused damage to the victim's head by one time, one hand, and two fingers of the victim's head, which are dangerous objects in the calculation team (Ga 20cm x 17cm x 6cm x 546g g). The Defendant collected the head of the victim's head one time, and caused damage to the victim's head that requires medical treatment for about 21 days.

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Injury diagnosis report and report on internal investigation in written opinion (to be attached to the files of photographs on damaged parts of victim D and to the tape cutting machines, weight measurement photograph);

1. Application of Acts and subordinate statutes to each photograph (the measurement of parts of damage caused by D, parts of damage caused by D, and tape cutting devices, caps of a criminal image, field photographs, the snow bottom of D, head damage part, and tape cutting weight);

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 applicable sentences under law: Six months to five years; and

2. Scope of the recommended punishment according to the sentencing criteria (determined of types) of violent crimes: Special injury, injury by repeated crime [Class 1] Special (Special Bodily Inflicting Person] mitigated element: Insignificant injury [the scope of the recommended area and the modified recommended punishment] mitigated area, imprisonment with labor for six months through one year (in cases where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, the lower limit of the applicable sentencing range shall be set according to the law applicable sentencing range).

3. Determination of sentence: In light of the method and content of the instant crime, etc., the Defendant’s act of committing the instant crime is very serious injury to the victim.

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