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(영문) 수원지방법원 평택지원 2020.04.21 2020고단464

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who manages the “C” restaurant located in Pyeongtaek-si B, and the victim D (year 56) is the relationship between the Defendant’s who operates the “C” restaurant as the kitchen of the said “C” restaurant and the E.

On February 24, 2020, the Defendant: (a) around 21:10 on February 24, 2020, around 21:21:10, at the above C warehouse, she takes a dangerous object (32 cm in length, 20 cm in knife, 9 cm in width) that was located in the main room with E and Sivia, and carried out two open measures that require approximately two weeks of treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning damaged photographs, on-site photographs, 1, 2, 3, and photograph closures;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] - the mitigation element: the mitigation range (including serious efforts to recover damage) or considerable damage (the scope of the recommended sentence and the recommendation range), the mitigation range of imprisonment with prison labor for not less than four months and one year [the scope of the recommendation range revised according to the sentencing guidelines] 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the reasons for suspension of execution are different from the statutory minimum limit of the applicable sentencing range] - The major pride reason for suspension of execution is that the victim is fully responsible for the occurrence or expansion of damage (including the serious effort to recover damage) - The major misconduct reason: the threat of collective force or the carrying a dangerous article.