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(영문) 울산지방법원 2020.04.24 2020고단397

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

At around 22:15 on October 5, 2019, the Defendant: (a) heard the horses from the victim D (the 40 years of age used a large amount of greged drinking; (b) “A. L. L. L. at home”; (c) “A. L. L. at home”; and (d) the victim’s freged flag, which is a dangerous thing that had been located therein, led the victim to the head part of the victim’s head; and (d) the victim flad the victim’s flag in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to medical records of a suspectD), request for cooperation in investigation (such as the period of diagnosis and response data);

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 (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and 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 [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable)

3. The records and arguments are shown as follows: (a) under the favorable circumstances that have the history of being sentenced to the suspension of the execution of imprisonment with prison labor and the punishment of a fine several times due to the ordinary violent crimes that are disadvantageous to the decision of sentence; (b) the accused's mistake is recognized and reflected; (c) the victim has agreed smoothly with the victim; and (d) the victim's age, character and behavior, environment, occupation, motive and consequence of the crime; and