beta
(영문) 수원지방법원 평택지원 2021.02.23 2020고단2324

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 14, 2020, the Defendant, at around 01:30 on August 14, 2020, engaged in a dispute with the victim D (the remaining, 63 years old) and drinking, with respect to the settlement of the drinking value, and went off to the table by a beer who was on the table table, and then broken off the shoulderer, which is a dangerous object, with approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report (in the presence of a field action), the list of cases to be reported, the list of cases to be reported, the investigation report (in the presence of a diagnosis) (in the presence of a victim’s statement), the records of damage to investigation reports (in the presence of a victim’s statement)

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 to mitigate small amount;

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the range of the recommended punishment [the range of the punishment revised according to the sentencing guidelines] according to the sentencing guidelines] one year (the lowest limit of the statutory applicable sentencing standards is applicable because the lowest limit of the range of the punishment recommended by the sentencing guidelines is inconsistent with the statutory applicable minimum limit of the applicable sentencing standards so the minimum limit of the applicable sentencing standards is inconsistent with the applicable sentencing standards). In the event that the special injury, the penalty in question (including a serious effort to recover damage), or considerable damage has been restored to the area of special mitigation [the scope of the recommended punishment and the scope of the recommended punishment], the area of special mitigation, the period from February to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines].

3. According to the decisions on the sentence, the sentence shall be determined as above in full view of such factors as the defendant's age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

The factors of sentencing in favor of the victim are confessioned and reflected, the damage is minor, and the victim wishes to punish the defendant by agreement with the victim (payment of KRW 20 million).