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(영문) 춘천지방법원 2020.10.28 2020고단877

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 02:00 on July 29, 2020, the Defendant stated in the bill of indictment for the Defendant’s illness, which is a dangerous object on the floor, during the dispute with the victim D (n, 35 years of age) in the Hongcheon-gun building B, and the “Cdab” accommodation on the third floor. However, to the extent that it does not disadvantage the Defendant’s exercise of his/her right of defense, the Defendant’s amendment is without any modification of the indictment procedure, according to the facts obtained through the examination of evidence.

The victim had been faced with the victim, and the victim's treatment days cannot be known to the victim. This part of this part of the victim, which led to the victim's injury to the victim, was opened.

In this respect, the defendant carried dangerous things and carried them with the victim's number of days of treatment, which could not be known, led to the opening of the body.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (Submission of suspect photographs, materials, and confirmation of victim);

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

1. Article 258-2 (1) of the Criminal Act, Article 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. The scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence) [the scope of the recommendation sentence] set forth in the sentencing guidelines, and in cases where the mitigated area (four months to one year), the mitigated area (including a special mitigation), the punishment not (including a serious effort to recover damage), or considerable damage has been recovered (the scope of the corrected recommended sentence] six months from six months to one year (the lowest limit of the punishment by law);

2. The Defendant, while having been in a dispute with the victim, was suffering from an excessive wound, and thereby, was injured by the victim by complying with the part and part of the victim, which led to the occurrence of the risk of the crime, and the nature of the crime was also not good.

However, the fact that the defendant repents and reflects his mistake, the degree of injury of the victim is relatively minor, and the defendant seems to be a contingent crime, and the defendant agrees with the victim.