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(영문) 의정부지방법원 2019.07.24 2019고단1134

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 20:05 on March 7, 2019, the Defendant: (a) performed drinking together with the Victim B (year 57) at the main point of “D” located in Kuri-si, Guri-si; (b) however, the Defendant heard the horses from the Victim that “whether or not there is any money; (c)” the Defendant collected from the Victim, which is a dangerous object on the table; (d) the head part of the Victim’s head; and (e) calculated the head part of the Victim’s head on one occasion by gathering an empty bottle, which is a dangerous object on the table; and (e) calculated the head part of the Victim’s head on one occasion on one hand, with the head of the Victim’s head on one hand; and (e) caused injury to the Victim, such as having no two wifes that require treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographss of the injured part of the victim, photographs of the damaged part of the disease of the victim, etc., and records of handling 112 reported cases;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation and Article 25 (3) 3 of the Act on Special Cases concerning the

1. The scope of punishment by law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury [Special Bodily Inflicting Person] - mitigated elements: Reduction area (including serious efforts to recover damage): Reduction area], reduction area of punishment [the scope of recommending area and recommendation range], four months to one year [the scope of recommendation punishment amended by applicable sentences], imprisonment for six months and one year (the lowest limit of punishment by applicable sentences in law).

3. The defendant who was sentenced to a sentence is not a bad one, while talking about the victim's debt repayment, etc. with the victim, making the victim's head due to the beer and beer of the smallest branch and beer disease.

The defendant, on 200.