beta
(영문) 춘천지방법원 2020.09.15 2020고단514

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 a period of one year and six months from the date this judgment becomes final.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On April 20, 2020, at around 16:30 (see, e.g., evidence record No. 18), the Defendant, while drinking alcohol together with daily behaviors, including victim D(53) in Hongcheon-gun B, Gangwon-do, on the ground that the victim’s speech and behavior was bad for the Defendant’s flag, he sent the victim’s right end to one time to the victim (see, e.g., e., see, e., e., e., e., see, e., e., e., see, e., e., e., e., e., e., 12) and continuously broken back the victim’s right end (see, e., e., e., see, e., e., e., e., e., e., k).

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims of D;

1. On-site photographs and photographs of damaged parts;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a victim's D 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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] violent crimes; ... Special injury, injury by repeated crime [Type 1] - Special injury (special person for appearance] - mitigated elements: 35 pages of evidence of non-guilty sources of punishment, and ... < Amended by Presidential Decree No. 21758, Sep. 20, 20