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(영문) 수원지방법원 2020.08.27 2020고단3107

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

At around 22:00 on May 7, 2020, the Defendant, while drinking alcohol together with the victim D (ma, 30 years of age) at the outdoor theater located in Suwon-si Line B, Suwon-si, with the victim D (ma, 30 years of age) on May 7, 2020, when the Defendant was the head of the victim one time due to the main illness, which is a dangerous thing for the victim to do so.

As a result, the defendant carried dangerous objects and carried them for about 14 days, which requires treatment to the victim.

Summary of Evidence

1. A statement prepared by the defendant's legal statement D;

1. The application of statutes to take on-site photographs, photographs on the part of an injury, and written diagnosis of injury;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines: Type 1 (Special Bodily Inflicting Persons): Reduction element of punishment for a crime of violence committed for not less than six months but not more than one year (Determination of types): The area of mitigation of punishment for a special injury, repeated crime: None of the factors of mitigation (the recommended area shall be based on the lower limit of the punishment by law, since the lower limit of the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law, inasmuch as the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law).

3. Determination of sentence: Ten months of imprisonment with prison labor, and two years of suspended sentence, the accused, carrying dangerous articles, causing bodily injury to the victim, and the liability for the crime shall not be minor;

The possibility of criticism is high in that the defendant has a history of criminal punishment several times for violent crimes in the past.

However, the fact that the defendant loses self-defense while under the influence of alcohol and commits a contingent crime, and that the defendant expressed his/her intention that the victim does not want the punishment by agreement with the victim, etc. shall be considered as somewhat favorable circumstances for the defendant.