beta
(영문) 의정부지방법원 2020.02.07 2019고단4719

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 became final and conclusive.

Reasons

Punishment of the crime

On July 31, 2019, the Defendant: (a) around 17:00, at the dry field of the Victim C (71 years of age) located in Sacheon-si B; (b) at the time when the victim reported the gate of dry field; and (c) inserted the body of the victim, which is a dangerous object to chemicalization, led the victim to the parts of the victim’s head; and (d) the victim obstructed the neck.

In the end, when the Defendant inserted dangerous articles as above, thereby causing injury to the victim, such as a hot spring, which requires treatment for about 14 days by inserting the victim’s hair, arms, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to medical fees, injury medical certificates, etc.;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. Determination of sentence: Imprisonment with prison labor for six months, conditions unfavorable to a suspended sentence for two years: Contrary circumstances that are favorable to the risk of an act, such as the fact that the act is being committed, the first offender, etc.;