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(영문) 전주지방법원 2020.04.22 2019고단390

특수상해등

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 of the final judgment.

Reasons

Punishment of the crime

[2019 Highest 390]

1. Around 14:20 on November 26, 2018, the Defendant suffered special injury: (a) placed an old urology in front of the D convenience store in the vicinity of C in the Yansi-gu Seoul Metropolitan City, and (b) placed the victim’s head at one time with hick (87 m in length), which is a dangerous object in possession of the victim E (math, 56 years of age).

In this respect, the defendant, carrying dangerous things, assaulted the victim, thereby causing the victim to suffer the head in the days of treatment.

[2019 Highest 1189]

2. Around 07:40 on May 23, 2019, the Defendant assaulted the victim’s head head at one time at the front of the house of YY-gu, Masan-gu, Masan-si, and the victim G (the age of 64), on the ground that the victim was sleeped by the new wall, and that the Defendant was not locked.

Summary of Evidence

[2019 Highest 390]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A photograph of damaged parts and a stick [the 2019 Highest 1189];

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

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

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 261 and 260 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

(b) Class 2 (Special Violence) (Determination of type).