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(영문) 대전지방법원 천안지원 2019.05.16 2019고단641

특수상해등

Text

A defendant shall be punished by imprisonment with prison labor 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

1. Around February 22:20, 2019, the Defendant suffered a dispute with the victim D (manam and 38 years old) while drinking with the victim at the “Cju shop” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and caused the victim’s face five times in drinking, and the victim’s face was 5 times in drinking, and the knife knife knife, such as the back, back, and the part of the knife, one time in which the victim’s left part needs to be treated for about four weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant damaged the property by exposing the entrance doors equivalent to 70,000 won of the market price owned by the victim E at the time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Written estimate of glass;

1. Chackers' blades, glass damaged photographs;

1. Application of the Acts and subordinate statutes concerning the photograph of the parts on the D upper part;

1. Relevant Article 258-2 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of inflicting bodily injury on carrying dangerous articles) concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Injury) [Type 1] Special Bodi Injury (Special Bodily Harm) (Special Bodily Harm) mitigated elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigated, and four months to one year;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage [Type 1] Damage, etc. to Property (Special Convicts]: Reduction element of Punishment (including serious efforts for recovery of damage): Reduction area (including recommendation area and recommendation range); Reduction area); Imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes of April to March 1.