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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단774

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

The Defendant, around 14:30 on July 28, 2019, around 14:30 on the 14:30 on the right side of the victim E (the age of 55) who was aware of it in the front of the “Duser”, and the dispute were punished, and the victim E (the age of 55) and E (the dangerous object cited in his hand) have reached knife so far as it is difficult for the Defendant to participate in netization and to take part in the right side of the victim once.

Accordingly, the defendant carried dangerous things with the victim and puts a scarcity and salt on the right side, which requires treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. - A CCTV CD.

1. Application of Acts and subordinate statutes to a investigative report (influorics, damaged fluorics, fluorics, fluorics, - photographs);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as follows:

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of liability of the accused for compensation is unclear and thus it is inappropriate to issue an order for compensation);

1. The scope of punishment by law: Imprisonment for six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] used to commit violent crimes; and < by Presidential Decree No. 1758, Feb. 29, 200; Presidential Decree No. 17588, Feb. 201; Presidential Decree No. 1750, Feb. 3, 2011>

3. Determination of sentence: In addition to the sentencing factors as seen earlier, consideration shall be given to the disadvantage of the defendant, such as the fact that the defendant had the record of punishment for violent crimes, and the fact that the defendant recognized the instant crime, the fact that the defendant agreed smoothly with the victim, the extent of the victim's injury is minor as a substitute, and the instant crime is likely to have occurred as a result of any dispute with the victim, shall be taken into account in favor of other circumstances.