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(영문) 춘천지방법원 영월지원 2020.04.21 2019고단611

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 September 30, 2019, at around 00:18, the Defendant was taking a tobacco along with the Defendant’s daily behaviors, such as D, in front of the main point of “C” located in Gangwon-gun, Gangwon-gu, the Defendant: (a) obstructed the victim E (the age of 24); (b) took an examination of the victim E’s female-friendly job offers F; and (c) the victim took a physical fighting with the victim’s resistance, while making the victim’s claim against D, took out a dangerous thing at the time of the victim’s body fighting, and put the victim’s head at one time, and put the victim into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning E, G, or F;

1. The police statement of H;

1. Application of Acts and subordinate statutes 14 to on-site photographs, CCTV images closure photographs;

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 of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. The Defendant, who was sentenced to the sentence, brought an injury to the victim by getting the victim’s head out of the dangerous thing.

These crimes cause serious danger to the life and body of others, and the quality of such crimes is poor.

The defendant was unable to receive a letter from the victim.

However, considering the fact that the defendant shows a reflective form while recognizing the crime, that there is no record of punishment for violent crimes, the records are recorded, such as the age, character and behavior, environment, motive and circumstance of the crime, etc. of the defendant.