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(영문) 의정부지방법원 2020.07.23 2020고단1072

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

Around 22:40 on December 14, 2019, the Defendant: (a) took a bath to E, without any justifiable reason, while drinking alcohol together with working fares; (b) took a part of the victim D (ma, 36 years of age); and (c) pushed the victim’s part outside of the restaurant; (d) taken the part of the victim’s left part of the restaurant; and (e) took the victim’s cell phone, which is a dangerous object cited in the victim’s left part at the time of the victim’s loss, when taking care of the victim’s full number into account, the Defendant took up the victim’s cell phone, which is a mobile phone can be seen as a dangerous object used in the victim’s left part, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on the investigation of damage photographs (inflicting medical certificates, etc.);

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 the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Class 1] Special injury (special person in a form of punishment] mitigated element: Minor injury [the scope of the recommended area and the recommended punishment] mitigated area; imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing]; imprisonment for six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range)

2. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (including the recognition of a mistake in self-determination, the extent of damage is minor, and the absence of criminal records exceeding fines, etc.);