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(영문) 의정부지방법원 2020.06.19 2020고단1031

특수상해

Text

A defendant shall be punished by imprisonment for six 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 December 30, 2019, the Defendant was under the influence of alcohol in front of the Defendant’s house located in Scheon-si B, and was under the influence of alcohol, and was under the influence of telephone conversations to the victim C (the age of 45). However, the Defendant was under the control of the victim on the ground that the victim did not receive personnel, but was under the control of the victim, and the Defendant was under the control of the victim, who was in need of approximately two weeks of medical treatment in response to the number of the victim’s backwards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a fluoral photo of a shoulder and a certificate of injury;

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 of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] - the mitigated element: In the event that punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered, [the scope of the recommended sentence and the scope of the recommended sentence] mitigated range, four months to one year [the scope of the recommended sentence revised according to the applicable sentencing] sentenced to six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is determined according to the applicable sentencing guidelines in cases where the minimum of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range), and there is no general person [the grounds for suspension of execution] [no person in general [the grounds for suspension of execution of sentence]

3. Determination of sentence: Imprisonment with prison labor for six months and suspended sentence for two years, the method of the crime of this case was committed, which is a dangerous thing, causing bodily injury to the victim. It is not good that the crime is committed, and that the defendant has a criminal record of violent crimes.

However, the defendant does not want the punishment of the defendant by making efforts to recover damage.