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(영문) 수원지방법원 성남지원 2020.07.21 2020고단770

특수상해

Text

A defendant shall be punished by imprisonment for 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

Criminal facts

Some of the facts charged were corrected.

On February 22, 2020, the Defendant: (a) around 23:25, 2020, at around 23:25, the Defendant: (b) reported the victim E (56 years of age) that the instant main shop D, who had a usual sense in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (c) caused the victim E (56 years of age) to sculpate the finger pressurer; and (d) caused the victim to scule his hand and scule the victim, which is a dangerous object on the table; and (d) caused a beer disease (30cm in length) which is a dangerous object on the table of the table; and (e) caused the victim’s head at one time, which is divided into one parallel with one another; and (e) the said bed the victim’s left hand, etc.; and (e) caused the victim to have approximately No. 3 parts on the left side of the victim, etc. requiring approximately 4 weeks treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as photographs (12 pages, 37 pages of investigation records), such as the defendant's legal statement E, the police statement statement of the F, and the written diagnosis of injury to each police officer's statement, etc.; and application of CCTV image closure photographs (39 pages)

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The scope of applicable sentences under the law for the reason of sentencing under Article 62 (1) of the Act on the Suspension of Execution (The Reasons for Sentencing) of the Criminal Act: The scope of recommended sentences [the decision of types] according to the sentencing guidelines for six months to five years; the special injury and repeated crime [the first category] special injury [the scope of recommended and recommended sentences] mitigation element: The mitigated element: the mitigated area of punishment [the mitigated area], the mitigated area of punishment [the special person] from April to one year [the general person] from April of imprisonment [the mitigated grounds for suspended sentence]: there is no record of criminal punishment [the mitigated grounds for suspended sentence]; the decision of sentencing where the person committed a crime by carrying a dangerous object: Imprisonment with prison labor for six months; the defendant of the suspended sentence two years, who had drinking alcohol at the main point, and the head of the above main office and the victim, who has injured and injured the defendant.