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(영문) 수원지방법원 안양지원 2020.04.09 2019고단2195

상해

Text

Defendant

A A shall be punished by a fine of two million won, by imprisonment with prison labor for six months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. At around 12:20 on August 19, 2019, Defendant A, who was the head of “D’ apartment E,” the victim B (the 33 years of age), who is the birth in king City, was injured by the victim, on the ground that the victim does not come short of one hand in the restaurant, but on the ground that the victim’s face was taken several times due to drinking, the victim was injured by the victim, such as the right-hand side and the structural frame of the mouth, which require more than six weeks of treatment.

2. 피고인 B 피고인은 제1항 기재 일시, 장소에서 형인 피해자 A(35세)으로부터 얼굴을 맞자 화가 나, 주먹으로 피해자의 복부를 수 회 때리고, 그곳 거실에 있는 위험한 물건인 빈 소주병으로 피해자의 이마를 내리쳐 4m 정도 찢어지게 하여 피해자에게 4주 이상의 치료가 필요한 이마부 으깸 손상을 가하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. A written opinion, a copy of each mandatory record, and a medical statement;

1. Application of each investigation report (No. 6,11) statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act; selection of fines

B. Defendant B: Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (Consideration favorable circumstances among the reasons for sentencing below);

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (Chocking of favorable circumstances among the grounds for sentencing below);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. The sentencing criteria are not applicable since the defendant A is sentenced to a fine.

2. Defendant B

(a) The scope of punishment by law: Imprisonment for six to five years;

(b) The range of recommendations according to the sentencing guidelines [decision of types] violent crimes, Type 1 (Special Bodily Injury): mitigated factors: in cases where victims are fully responsible for the occurrence of crimes or the expansion of damage even if they are victims, the non-exclusive sentencing range [the recommended sphere and the scope of recommendations] special mitigation range;