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(영문) 의정부지방법원 2020.09.28 2020고단2578

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 01:50 on February 21, 2020, the defendant, at the 'C' restaurant located in 'C' in 'C' in Ma-si B, the male and female friendly D, and D, the wave of which occurred, broken away the son's disease on the floor, and the victim E (the 27 years old) who was seated next to the wave, was fright to take the head of the victim's head and make the victim's face several times by other hand, and caused the victim's head to be frighted with the main branch of the main branch, which is a dangerous object, and caused the victim's damage to the sponsor's reputation that requires approximately two weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the F and G respective written investigation reports (ctv analysis inside the “Ccafeteria”), investigation reports (case of change of the name of a suspect A), victim photographs, on-site photographs and laws and regulations

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 punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment, four months to one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and the minimum limit of the applicable punishment in law is applicable).

3. Determination of sentence: Imprisonment with prison labor for a period of six months, the crime of this case committed by the defendant for a period of two years under the suspension of execution shall be deemed to inflict bodily injury on the victim due to the fluor's disease, piling, pots, which is a dangerous object, and the circumstances and the nature of the crime

The accused shall be punished by a fine twice for violent crimes.