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(영문) 춘천지방법원 2019.10.23 2019고단716

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

On April 26, 2019, at around 21:55, the Defendant: (a) while drinking the victim D(48 years of age) and drinking alcohol at “C Garan” located in Yang-gun B of Gangwon-gu, the Defendant laid down the victim’s face and bridged twice by causing the victim’s negligence on the ground that the victim was neglected, and caused the victim’s her hand by causing the victim’s her scke, and her hand walked the victim’s face and bridges over twice; and (b) taken one stop back on the part of the victim’s head, which is a dangerous thing at that place, and put the victim two-day back on the left side of the victim’s head requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. One copy of CCTV video CD in the C dan;

1. Application of Acts and subordinate statutes to medical certificates and medical statements;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] - the mitigated element: the mitigated element (including serious efforts to recover damage): the mitigated area and the scope of the recommended punishment], the mitigated area, the imprisonment for four months to one year [ the range of the recommended punishment revised according to the sentencing guidelines] one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range);

2. The Defendant’s decision on the sentence began to assault the victim by hand, drinking, etc. under the influence of alcohol, and eventually, the Defendant’s decision on the sentence was made by getting off the victim’s head, which is a thing dangerous to the victim’s head, and 2.5 cm up to 2.5 cm. Although the end of 2007, a number of violent crimes, including criminal records, are disadvantageous to the Defendant.

However, the defendant committed the crime of this case.