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(영문) 인천지방법원 2020.10.16 2020고단4101
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On March 21, 2020, at around 22:00, the Defendant, in the residence of the Defendant in Michuhol-gu Incheon, Michuhol-gu, Incheon, and the Defendant, on the ground that the victim D (Nam and 21 years of age) loaned several cash to the Defendant, and that he was in danger of chemical transfer, the Defendant left the body and the leg part of the victim, and put about two weeks of body parts in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

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

1. One to ten years from the date of imprisonment with prison labor for the range of punishment 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 recommendations mitigated areas, four months to one year;

(d) One year, imprisonment within the modified range of recommendation (in accordance with the statutory minimum range of applicable sentences, since the scope of recommendation is lower than the lower limit of applicable sentences);

3. The sentencing conditions and the scope of recommended sentences stated in the arguments and records of this case, including the part and degree of injury as indicated in the judgment of sentencing, the method of the commission of the crime and the fact that the defendant expressed an intention that the victim would not want the punishment against the defendant by mutual consent with the victim, shall be determined as per the order, comprehensively taking into account the following factors: the defendant's age and working environment; the relation with the victim; the motive and means of the crime

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