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(영문) 수원지방법원 2020.04.23 2019고단8489
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

At around 14:00 on September 14, 2019, the Defendant, while drinking alcohol together with the victim D(52 years of age) and E, who had been living in the area of the wife B building C, was fluent with the victim and E on the ground that the victim and E are humpted with the Defendant’s will, “Chewing flag”, and was in danger of drinking, the victim’s face was humced at one time, and then the victim’s face was humped with 20 meters of the upper left side of the body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the list of scene and crime tools photographs, body photographs, and 112 reported cases;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines: Type 1 (Special Bodily Inflicting Persons): Reduction element of punishment for a crime of violence committed for not less than six months but not more than one year (Determination of types): The area of mitigation of punishment for a special injury, repeated crime: None of the factors of mitigation (the recommended area shall be based on the lower limit of the punishment by law, since the lower limit of the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law, inasmuch as the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law).

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence, the defendant who inflicted an injury on the victim by carrying dangerous articles, and whose liability for such crime is minor;

Provided, That the defendant seems to have committed any contingent crime while under the influence of alcohol, and the defendant has agreed with the victim only smoothly to the punishment of the defendant.

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