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(영문) 의정부지방법원 2020.10.13 2020고단767

특수폭행치상

Text

A defendant shall be punished by imprisonment 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 07:50 on August 23, 2019, the Defendant laid down the above saw to the victim C (n, 60 years of age) who was not in good space due to the installation of solar heat power generation system, and the vehicle traffic problem, and laid down the saw (67cm in length, 50cm in length on the day, 50cm in length) which is dangerous goods, and put the victim at the above saw to the victim’s saw, the Defendant saw the above saw to the victim’s saw that “the saw that he would die well..............”

Accordingly, the Defendant assaulted the victim with dangerous objects as above and caused the victim to suffer an open room for the elbows requiring approximately three weeks medical treatment.

Summary of Evidence

1. Application of the police interrogation record of the suspect examination protocol of the defendant in relation to part of the defendant's court statement C, medical certificate of injury, report processing record of the case 112, injury photo of the defendant, and

1. Relevant Article of the Criminal Act and Articles 262, 261, and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62-2 of the Criminal Act of the Order to provide community service and attend lecture (see, e.g., Supreme Court Decision 62-2, Apr. 1, 2007; 2007Da4448, Apr. 28, 2007; 2008Da448, Apr. 28, 2007) of the Act on the Punishment, etc. of Specific Crimes (see, 2007Da448, Apr. 2, 2007).

1. The scope of recommendation [decision of type] according to the sentencing guidelines and the scope of recommendation [the scope of recommendation field and recommendation range]. Violence crime [the category 2] has no injury or injury (the person specially punished].