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(영문) 수원지방법원 여주지원 2019.08.19 2019고단534

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On November 28, 2018, the Defendant: (a) around 15:30 on November 28, 2018, on the ground that the victim C (the age of 58) was not repaid with money; and (b) on the ground that the steel product, which is a dangerous object kept in the above factory office, was carried in hand, and the Defendant inflicted injury on the victim, such as a ductal, ductal, and a ductal, in need of medical treatment for about 22 days on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Photographs;

1. Application of the Acts and subordinate statutes to photographs and photographs of damaged persons;

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;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and the defendant placed an order to attend a lecture as a steel processor, and the method of committing the crime is very dangerous and the degree of injury suffered by the victim is not easy;

In 209, the defendant is subject to criminal punishment for violent crimes.

However, the Defendant did not repay the amount of KRW 100 million to the victim, leading to the instant crime, and there are circumstances to be considered in light of the circumstances.

In addition, the defendant deposited five million won in the victim's future.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.