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(영문) 수원지방법원 안양지원 2018.11.27 2018고단1441

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant was in internal relations with the victim D (V, 59 years old).

On June 5, 2018, the Defendant driven a motor vehicle, which is a dangerous object to prevent other women and the victim from drinking in his/her office, at around 15:30 on the alley road in front of the Mapopo-si, 2018, and got the victim's left side bridge going to the office as the part of the front crime part, and put the victim into the left side 42 days of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes, such as a written diagnosis of injury and a written confirmation of hospitalization;

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

1. Scope of the recommended punishment on the sentencing guidelines: Where imprisonment for four months to one year (the scope of the recommended punishment), special injury, or repeated injury is reduced (for four months to one year), in the mitigation area (including a person who has been specially mitigated), in a penalty not (including a serious effort to recover damage), or in a considerable part, has been restored;

2. Determination of sentence - Determination of favorable circumstances: The fact that the crime of this case is against the victim, agreed upon with the victim, - The fact that the crime of this case was inflicted an injury by using a passenger car, which is a dangerous object, and the fact that the crime of this case is poor and the degree of damage is not minor;