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(영문) 의정부지방법원 고양지원 2020.05.29 2020고단398

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a victim B(63 years of age) and a worker's partner.

Around 20:25 on February 10, 2020, the Defendant had been on the part of the victim's head because of beer's disease in beer and beer's disease, which is a dangerous thing for the victim to whom he had been aware that he had been a person of distinguished service to the State and had known that he had been aware that he had been a person of distinguished service to the State.

As a result, the defendant put the victim into the head of the non-medical treatment days.

Summary of Evidence

1. Court of the accused;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (fields and related persons' statements);

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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 crime of this case committed by the Defendant on the part of the victim’s head by taking advantage of beer and beer, and causing injury to the victim, and the Defendant’s liability in light of the substance and method of the crime is not exceptionally applied.

However, the defendant stated that the facts charged are recognized and against the defendant, that the victim does not want to punish the defendant, that the defendant has contributed to the State as a person of distinguished service to the State, and that there is no penalty.