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(영문) 춘천지방법원 영월지원 2019.10.01 2018고단460

특수상해

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

At around 18:50 on October 13, 2018, the Defendant inflicted an injury on the victim E (the age 42) and the main illness, which is a dangerous object in drinking alcohol, in a “Ccafeteria” room located in Gangwonwon B, and the Defendant inflicted an injury on the victim, such as a eyebrow, an open body around the snow, etc., for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports (related photographs) and accompanying documents, investigation reports (related to statements, such as related persons);

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

1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant, who was sentenced to sentence, injured the victim by taking the victim into custody, who is a dangerous element.

In light of the contents and methods of crime, the liability for the crime is not easy.

However, considering the fact that the defendant is recognized as committing a crime, the fact that the defendant received a letter by mutual consent with the victim, etc., the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the defendant'