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(영문) 수원지방법원 2020.01.16 2019고단5810

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on September 14, 2019, the Defendant made drinking together with the Victim D (D, 51) at the Defendant’s house located in Suwon-si B building in Suwon-si, and the Defendant’s house located in subparagraph C, and made drinking together with the Victim D (D, 51 years of age), the Defendant placed the Victim’s left arms once, which are dangerous objects of chemical weather (19.5cm in total length, 9.5cm in blade length) and put the Victim’s left arms on the left side in need of approximately eight-day medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Extent of the recommended sentence according to the sentencing guidelines (decision of types) of violent crimes: Special injury, repeated injury [Class 1] and special injury (special injury to a person who has been punished): Reduction factors: serious injury (excluding the area of recommendation and the scope of recommendation types), basic area of injury (excluding the special serious injury types): Imprisonment with labor for six months or two years;

3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:

In light of the circumstances leading up to a disadvantageous normal judgment, the commission of the crime, the degree and the degree of the injury suffered by the victim, etc., the quality of the crime is not good.

A favorable normal defendant is showing the attitude to recognize and reflect the crime.

In consultation with the victim, the victim does not want to punish the defendant.

There is no record of punishment in Korea.