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(영문) 의정부지방법원 2019.09.05 2019고단1412

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 08:10 on January 7, 2019, the Defendant used the victim D (year 46) who is an employee in C located in B and as a retirement allowance problem, and used lux (age 90cm in length), which is a dangerous object, three times in the victim's arms and hairs, one time in the head, and one time in the cell (age 28.9cm in length), and used the cell (age 28.9cm in length) to put the victim's arms into approximately 14 days in order for the victim to receive treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One copy of the skin, photograph, and photograph;

1. Application of each medical certificate, damage photographing statute;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for one year to two years (the range of recommendations), the basic area (six months to two years) of category 1 (Special Bodily Injury and Bodily Injury).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after committing the crime, which are one year and six months of imprisonment, the stay of execution of three years

Unfavorable circumstances: The degree of violence committed by the defendant is severe and circumstances favorable to the high risk: The confession of the crime of this case, the deposit of 3 million won for the victim, and the fact that there is no significant criminal record other than the fine.