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(영문) 춘천지방법원 2020.12.23 2020고단939

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 17, 2019, at around 21:20, the Defendant, under the influence of alcohol at C in the second floor in Chuncheon City B, B, and without any reason, was discharged from an empty ward, which is a dangerous thing for the head of the victim D (the age of 63). Around 21:20, the Defendant got approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 258-2 (1) of the Criminal Act, Article 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. The scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence) [the scope of the recommendation sentence] set forth in the sentencing guidelines, and in cases where the mitigated area (four months to one year), the mitigated area (including a special mitigation), the punishment not (including a serious effort to recover damage), or considerable damage has been recovered (the scope of the corrected recommended sentence] six months from six months to one year (the lowest limit of the punishment by law);

2. The defendant who is dissatisfied with the decision-making of the sentence of sentence was accused of the victim's injury by making the victim's head part of the victim's main part of the defendant's illness, and the nature of the crime was not good, and the defendant has the same criminal power over several times.

However, considering the fact that the defendant appears to repent about his own crime, the fact that the defendant appears to be a contingent crime, the fact that the defendant does not want the punishment of the defendant, and the recent fact that the defendant has no record of criminal punishment due to the same kind of crime.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.