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(영문) 의정부지방법원 2020.02.07 2019고단5229

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 August 17, 2019, around 20:37, the Defendant 20:37, posted time signals, such as “four years,” to the victim D, who was seated next to the instant restaurant, fright, and flag, flag, in the “C” restaurant located in the Gui Government City B, on the ground that the victim D, who flaged and flaged, flaged, flaged, was flaged by the victim.

The Defendant, at a distance of about 2 to 3 meters from the victim’s her friend and her friend in the victim’s friend, followed by a friendist of the friend form, which is a dangerous object to be placed on his own side, and her friend, her face to the victim’s face, and the victim friended the victim’s friend to the above friend and friended the victim’s friend to the left side of the friend and friended to the victim’s left side.

As a result, the defendant carried dangerous objects and carried them for about 10 days to the left-hand side in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site report (CCTV);

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of a medical certificate);

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] of violent crimes [the first category] Special Injury (the Special Contributor] Special Injury (including a serious effort to recover damage) or considerable partial damage (the scope of the recommended area and the scope of the recommended sentence] special mitigation area, the range of imprisonment from February to one year [the range of the recommended sentence corrected by the applicable sentencing] recommended by the sentencing guidelines for six months to one year are inconsistent with the lower limit of the applicable sentence under law.