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(영문) 의정부지방법원고양지원 2020.09.04 2019고단2593 (1)

특수상해

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 53) are the customers of "C" as the customers of "C".

around 00:03 on August 2, 2019, the Defendant: (a) heard that the victim talks in the Korean language during the day, and did not engage in the personnel management of the same Chinese criminal defendant, the Defendant and the victim were at the expense of the victim, who continued to collect beer's head one time on the floor of the victim's head; and (b) sustained a beer's disease, which was a dangerous object on the table of the table, on the part of the victim's head, on the part of the victim's head, and sustained approximately two weeks on the part of the victim's head.

Summary of Evidence

1. Application of the Acts and subordinate statutes on site photographs to the police statement B written in the first protocol of trial by the defendant;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. In light of the fact that the nature of the instant crime was extremely poor in light of the risk of the Defendant’s use of the sentence and the degree of other things, etc., and that it appears that the Defendant did not receive a letter from the victim until now, the Defendant’s liability is not easy, but is considered to be less favorable to the Defendant, such as the fact that the Defendant approved the facts charged and stated against the Defendant, and that there was no record of punishment in the Republic of Korea, the Defendant’s age, character, health status, and health status.