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(영문) 춘천지방법원 2020.05.20 2020고단163

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

Punishment of the crime

At around 01:00 on January 3, 2020, the Defendant: (a) ordered food equivalent to KRW 57,000 in the market price to the second floor of the first floor of the building B in Chuncheon (the age of 41) under the ground that the victim C (the age of 41) ordered food of KRW 57,00 on the ground that he did not pay the price, and (b) caused an injury to the two open body that requires approximately two weeks of treatment by putting the victim’s head head into one.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of statutes on the photograph of the case

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. Where the range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] is mitigated (4 months to 1 year), the mitigated area (including specially mitigated persons), the punishment not (including serious efforts to recover damage), or considerable damage is recovered;

2. The defendant, who made a decision to sentence a mistake in fraud, inflicted a bodily injury on the victim by putting the victim's head. The crime is not good, and the defendant has a criminal record related to violence more than five times.

However, the punishment as ordered shall be determined by taking into account various sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relations, circumstances at the time of the crime, etc., by taking into account the following factors: (a) the defendant's mistake, the degree of injury to the victim is not very serious; (b) the motive for the crime of this case exists; (c) the defendant does not want the punishment of the defendant; (d) the defendant does not have any criminal records that he has been punished by imprisonment; (e) the defendant does not have