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(영문) 청주지방법원 영동지원 2018.11.29 2018고단134
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 1, 2018, at around 22:35, the Defendant: (a) collected singing microphones, a dangerous object that the victim D (the age of 47) did not receive his/her own telephone; and (b) got off one time the victim’s left head part of the victim’s body, and caused injury to the victim, such as brain dys, without any address in two opens where approximately three weeks of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A statement prepared by the F;

1. A criminal investigation report (the sequence 4 of evidence list), and a report on internal investigation;

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

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

2. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of the recommended punishment according to the sentencing criteria [the type of violent crimes];

2. Not less than six months but not more than two years, in the basic sphere that there is no type 1 (special injury) (special sentencing factors) (the territory of recommendations and the scope of punishment for recommendations) of such special injury or repeated crime;

2. Determination of sentence (unfavorable circumstances) of the instant crime is that the Defendant inflicted an injury on the victim’s head by singing, which is a dangerous thing, in light of the content and result of the instant crime, the nature of the said thing, and the degree of danger associated with the part of the assault.

The Defendant did not recover from the damage and did not receive a letter from the injured party.

The defendant has committed violent crimes and has been sentenced to a suspended sentence of imprisonment two times.

[The favorable circumstances] The defendant shows that he was aware of the crime of this case, and his mistake is divided.

The defendant seems to have committed the crime of this case by contingency while he loses his ability to control.

The defendant has no record of criminal punishment for the period of the suspension of execution in 2005, in addition to the punishment of a fine once for the crime of the same kind after the suspension of execution was sentenced.

In addition, the defendant's age and reputation, character and behavior.

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