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(영문) 의정부지방법원 2020.06.10 2020고단1336
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 1, 2020, at around 00:10, the Defendant left the victim’s head one time with an empty bottle, which is a dangerous object that the victim d(32 years of age) d(s) d(s) d(s) d(s) d(s) and d(s) d(32) d(s).

As a result, the Defendant carried dangerous objects and inflicted bodily injury on the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on internal investigation (on-site CCTV reading), CCTV caps, photographs, investigation reports (Submission of a report on injury), and written diagnosis of injury;

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

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special Injury (Special Bodily Inflicting Person] - Mitigation element: Reduction area of punishment [the scope of recommending area and recommendation range] mitigation area, imprisonment for four months to one year [the scope of recommendation correction according to the applicable sentencing range], imprisonment for six months and one year (the lowest limit of applicable punishment under Acts).

3. The defendant who was sentenced to a sentence was found to have the head of the victim by taking advantage of his/her infinite disease.

As a result of the instant crime, the victim suffered injury that requires approximately two weeks of treatment.

However, the defendant received a letter from the victim, and the defendant has no criminal records after around 1988.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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