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(영문) 수원지방법원 평택지원 2020.04.24 2019고단1632

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

At around 23:00 on October 23, 2019, the Defendant, while living in Pyeongtaek-si B and C cafeteria and having a de facto marital relationship with the victim D (n, 66 years of age) who was in a de facto marital relationship for about 4 years, had the victim's necked twice by hand, and had the victim's necked twice by hand, and had a solid plate (a 30cm in length) of metal materials, which is a dangerous object in the restaurant, towards the victim's face.

In the end, the Defendant carried a dangerous scrap, which is a dangerous thing, caused the victim to receive a diagnosis on the part of the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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 to mitigate small amount;

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: (a) comprehensively taking into account all factors of sentencing as indicated in the pleadings of the instant case, such as the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of committing a crime; and (b) the circumstances after committing a crime

The term "unfavorable circumstances" is a crime of causing bodily harm to the victim, which is a dangerous thing.