beta
(영문) 전주지방법원 2020.06.17 2019고단2130

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 of the final judgment.

Reasons

Punishment of the crime

At around 17:30 on October 6, 2019, the Defendant: (a) around 17:30, the Defendant: (b) made the victim D (ma, 40 years of age) who is preparing for opening a business in the next commercial building; and (c) became a Si expenses; and (d) made the victim’s face one time in drinking, and (e) took the head of the victim’s head, a dangerous object.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on sugars, etc. with no one in which there is no one in which treatment is required for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D (including each medical certificate attached thereto and each photograph);

1. Application of Acts and subordinate statutes to report internal investigation (including each photograph attached thereto);

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 (this reason is considered for the following reasons):

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

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).

2. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, and various sentencing conditions as shown in the instant records and the trial process, including the circumstances after the crime was committed:

- fire extinguisherss which are dangerous articles.