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(영문) 수원지방법원 안산지원 2019.06.05 2019고단894

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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 5, 2019, the Defendant: (a) around 22:37, around B B, 2019, performed drinking in B B, together with the victim D (50 years of age) who is a fluorous fluorous fluorous fluorous fluor, when the Defendant was her head due to a fluorous fluor's disease, which is a dangerous object at that place; and (b) sustained the face of the victim; and (c) sustained the victim's head due to a fluor's disease, which is a dangerous object, the Defendant sustained two open fluoral fluor where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of statutes on site photographs;

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 guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The sentence shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive, method, and result of the crime, in which the defendant's mistake is recognized, the victim does not want the punishment of the defendant, and other various sentencing conditions are considered.