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(영문) 의정부지방법원 2020.07.23 2020고단969
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

A (ma, 38 years old) is the head of the construction site team, and the defendant B (ma, 34 years old) is the head of the construction site team.

1. On February 13, 2020, Defendant A: (a) around 22:13, 2020, at the D restaurant located in Gyeyang-si, Namyang-si; (b) in the case of the victim B, the victim’s child head was gleeped twice in the victim’s hair; (c) the victim’s face was taken twice in the hand; (d) the victim’s face was taken several times in the form of hand; and (e) the victim collected small-scale navigational items, which are dangerous objects on the restaurant table at the same time, was flicked to the victim for about three weeks of treatment.

2. Defendant B, as set out in the preceding paragraph at the same time, at the same place, and as set forth in the preceding paragraph, she saw the victim’s face and body body face to be taken by drinking in opposition to the victim A’s assault, and she inflicted injury on the victim, such as damage to the head’s character that requires approximately two weeks of treatment by smelling the victim’s head.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of a letter of on-siteCCTV photographing photographs;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendants on probation: Grounds for sentencing under Article 62 (1) of the Criminal Act

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (including a serious effort to recover damage] and the elements of mitigation [the scope of the recommended punishment], the scope of mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], and the minimum limit of the sentencing range recommended in the sentencing guidelines for six months to one year, are inconsistent with the minimum limit of the applicable sentencing in law, so it is legally applicable.

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