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(영문) 청주지방법원 2019.09.06 2019고단1380

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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on May 6, 2019, the Defendant: (a) performed drinking with the victim D (age 56) and drinking with C cafeteria located in B, Cheongju-si, Cheongju-si, on the ground that the victim is a dangerous object on the table for the reason that the victim is injured by the Defendant; (b) unloaded the head part of the victim on one occasion on the part of the victim; and (c) laid down the victim on about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of ct v photographs and letter of request;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Six months to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction elements of punishment (the scope of the recommended area and the recommended punishment], reduction range of punishment, April through one year (the scope of the recommended punishment revised according to the applicable punishment], imprisonment for six months through one year (the lowest limit of the applicable punishment in the form of law).

3. 8 months of imprisonment with prison labor for a decision of sentence and two years of suspended sentence: A favorable condition that has the same kind of power at hand: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc. shall be determined by the order, comprehensively taking into account the above circumstances as agreed with the victim;