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(영문) 수원지방법원 안양지원 2021.02.19 2020고단2087

특수상해등

Text

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

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

Reasons

Punishment of the crime

1. On May 28, 2020, the Defendant damaged property: (a) on the part of Sinpo City B, Sinpo City B, 45 years old; (b) on the part of the victim C (hereinafter “D”); (c) on the part of the victim C (hereinafter “D”); and (d) on the part of the victim, the Defendant puts the victim’s physical check card; and (b) on the part of the victim, “D”, “flabed a card and 100,000 won in cash; (b) on the part of the victim, the Defendant was rejected from the victim; and (c) on the part of the victim, the Defendant destroyed two of the C

2. In the date, time, and place described in paragraph 1 above, the Defendant is required to do so to the Defendant for the same reason as described in paragraph 1 above, and to do so to the Defendant “I am feasia, I am feasia.”

“In doing so, the part of the victim’s et al., attached the Catho (a approximately KRW 75 cm in length) one time, which is a dangerous object as set forth in the above paragraph 1 on the part of the victim’s et al., and the victim was placed at the right part of the victim, and the victim was in need of medical treatment for about 14 days on the part of the victim’s et al.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. On-site photographs and vice photographs of a victim's body damage;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with prison labor for six months to six years;

2. Scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for six months to one year.

A. A. A crime No. 1 (Special Bodily Injury) (Determination of Type) (Special Bodily Injury) (Special Bodily Injury No. 1) (Special Bodily Injury No. 1): In the event of minor bodily injury, penalty non-won (including serious efforts to recover damage), or considerable partial damage has been recovered (the territory of recommendation and the scope of recommended punishment), special mitigation area, 2 months to one year.