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(영문) 춘천지방법원 영월지원 2019.06.18 2019고단93

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 01:44 on December 4, 2018, the Defendant, at the main point of “C” located in Gangwonwon B, performed drinking, such as the victim D(34 years of age), and then, the Defendant heard the horses from the victim, such as “Isten. Nshes so that Nshes do not do so.” The Defendant collected the 500cc beer, which is a dangerous object on the table table, and collected the 500cc beer c beer, and then the Defendant inflicted an injury on the victim, such as a non-fringing fel that requires treatment for about three weeks, by spreading the inside part of the victim four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, and H;

1. Each report on investigation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

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 Defendant, who was sentenced to a sentence, inflicted an injury upon the victim’s face with the beer of dangerous things.

Such a crime is a serious danger to the life and body of others, and its nature is not good.

However, in particular, considering the fact that the defendant is recognized as committing a crime, that the victim expresses his/her intention not to punish by mutual consent with the victim, and that it is the primary offender who has no criminal power, the age of the defendant, and the other.