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(영문) 인천지방법원 부천지원 2019.03.28 2018고단3316
특수상해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

around 00:01 on October 31, 2018, the Defendant drinked three alcohols with the victim D, etc. from the “C” located in the wife population B, the Defendant, on the ground that the victim was waiting for the Defendant, and her head was her head, who was a dangerous object on the table table, and caused injury to the victim, such as open wound of the detailed part where the victim was in need of medical treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning field photographs and victim DNA photographs;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The range of recommendations on the sentencing criteria [decision of types] the range of recommendations [decision of types] for special injury (decision of the recommended area] for mitigation area (decision of the recommended area] for 4 months to 1 year; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below eight months in imprisonment, and the age, character and conduct, environment, circumstances of crimes, and circumstances after crimes.

The favorable circumstances: The confession of the crime was made.

The misunderstanding has shown the misunderstandings.

The agreement was reached with the victim.

Unfavorable circumstances: The risk of an act is very high in light of the tools used by the victim, methods of violence, price index, water level, volume of blood, etc. as a matter of the victim's injury and injury in the course of the beer's disease, the head of the victim's injury and the victim's injury to his/her consciousness.

There are 6 times the records of punishment for violent crimes.

Since the suspension of the execution of imprisonment with prison labor for a crime similar to the crime that was inflicted on a wound due to beer's disease, it has been again committed the crime of this case due to the expiration of the suspension of the execution of the sentence.

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