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(영문) 의정부지방법원 2019.06.20 2019고단1250

특수상해

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

On March 1, 2019, around 23:30 on March 23:30, 2019, the Defendant, at the second floor located in Spocheon-si B, caused the injury of the victim to tearing the head of the victim due to beer’s disease, which is a dangerous object that was at risk of the trustor, and caused the victim to tear the head of the victim in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommendations based on the sentencing guidelines: Where the mitigated area (4 to 1 year), the mitigated area (including specially mitigated persons), the penal penalty (including serious efforts to recover damage), or considerable damage has been recovered from six months to one year (the scope of recommending punishment), the special injury, or the repeated crime injury (the scope of recommending punishment), the mitigated area (4 to 1 year), or the damaged area.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following circumstances in the calculation of the sentence as the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and conditions before and after the commission of the crime:

3. Unfavorable circumstances: The circumstances that are favorable to the nature of the crime: The confession of the crime in this case; the primary crime; the victim does not want the punishment of the defendant;