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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3162

특수상해등

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

1. Around September 18, 2019, the Defendant suffered special injury: (a) around 22:55 on September 18, 2019, at a restaurant located in B, there was a dispute about the age problem between the victim C (the age of 48) who is a work partner and the talking about drinking, and (b) he collected pilings and jus, which are dangerous things on his table, from the victim; and (c) he left the victim's math to the disease, which is a dangerous object, caused the number of days of treatment.

2. The Defendant: (a) laid wings and wings, which are dangerous objects at the time and place specified in Paragraph (1); and (b) laid wings and wings to the victim D (25 years of age) who was seated behind the said C; and (c) laid down the wings and wings.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report internal investigation and investigation of witnesses and report internal investigation;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) (Special Violence / [Type 6] Offense, Cumulative Offense (Special Violence / Special Violence / mitigated element): Where a person commits dolusent assault intentionally, the degree of assault is insignificant (Type 1, 6, and 7) / Special Mitigation Area, 1 month to 2 months of imprisonment;

(b) Crimes 2 (Special Bodily Injury) (Special Bodily Injury Determination) Violence. < by Act No. 6605, Feb. 1, 2002> Special Bodily Injury (Special Bodily Harm) (Special Bodily Harm) mitigated elements: Where punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered.