beta
(영문) 수원지방법원 2020.01.09 2019고단6321

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 became final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on September 14, 2019, the Defendant, while drinking alcohol with members of the club of the club of the club of the club of the club of Yong-si on the ground that the victim D (the age of 35) disregards himself/herself. The Defendant, at approximately 2:30 on September 14, 2019, inflicted bodily injury on the victim, such as two open skins, where the victim D (the age of 35) had three dangerous things at the entrance of the club of the club of plastic beer, and three empty bottless (ro 44 cm, vertical 36 cm, height 28 cm) had three dangerous things at the entrance of the drinking house of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A medical certificate;

1. Application of statutes on site photographs, etc. and damaged photographs;

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 for discretionary mitigation;

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

1. Scope of applicable sentences under law: Six 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 Contributor] mitigated elements: In the area of punishment [the scope of the recommended area and the recommended punishment] mitigated range, four months to one year [the scope of the recommended punishment revised according to the applicable punishment] sentenced to six months to one year (the minimum limit of the applicable punishment in accordance with the applicable punishment] sentenced to six months (the general person in accordance with the law] mitigated elements: Serious reflection.

3. Circumstances favorable to the determination of sentence: The sentence shall be determined as ordered, comprehensively taking into account the following factors: The confessions and reflects, the circumstances unfavorable to the conclusion that the victim has reached an agreement: Violence; the fact that the victim has carried a dangerous object with himself/herself; the defendant's age, attitude, environment; the background, means and consequence of the instant crime; and other various conditions of sentencing specified in the records and arguments, including circumstances after the crime.