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(영문) 수원지방법원 성남지원 2019.10.15 2019고단2082

특수상해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2019, at around 01:09, the Defendant: (a) placed in a “C” camera located on the second floor of the Gyeonggi-si Building B in a 2nd floor of the Gyeonggi-si, without any particular reason, a dangerous object, without any justifiable reason, in a household-to-face (total length of 35 cm, 23 cm length, 43 cm, and Proof No. 1) and sound the Kaf, called the “Damp” into the Kaf, and (b) placed the victim D (5 years old) who was seated in the Kafa in a sofa, and (c) laid down the left side of the treatment days on one occasion by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Records of seizure and the list of seizure;

1. On-site photographs, such as seized blades, and on-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (or verbal statements of persons concerned);

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) for special injury, repeated crime [Type 1] special injury (special person in danger of death] [the scope of recommending area and recommending punishment] mitigation area, reduction area, period of four months to one year [the scope of recommended punishment revised according to the applicable sentencing guidelines] imprisonment for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range).

3. The crime of this case, which was determined to be sentenced, is likely to pose a fatal risk to the life and body of a person, and the defendant has a majority of criminal records related to drinking or violence, and the defendant has committed the crime of this case since the period of suspension of execution due to the same crime has not expired.

However, the defendant does not want the punishment of the defendant by mutual consent with the victim.