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(영문) 수원지방법원 2019.08.29 2019고단2977
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 04:10 on May 10, 2019, the Defendant heard the victim’s phrase “D” operated by the victim C (n, 40 years of age) on the first floor underground of the building B in Yongsan-si District B, and tried from the victim, “I am, as if I am, I am at the same time.” In other words, the Defendant got the victim’s head of the dangerous object on the table, thereby causing two weeks of the victim’s injury to the victim, such as an open top room, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to victims and crime scene photographs;

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 applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated elements: The area of mitigation [the scope of the recommended area and the scope of the recommended punishment], the area of mitigation [the scope of the recommendation area and the scope of the recommended punishment], the period of four months to one year [ the scope of the recommended punishment corrected according to the applicable punishment], the period of six months to one year (the minimum limit of the applicable punishment in accordance with the law] (the general person] mitigated elements of mitigation: The serious reflect.

3. Circumstances favorable to the determination of sentence: The sentence shall be determined like the order, comprehensively taking into account various conditions of sentencing specified in records and pleadings, such as the defendant's age, character and conduct, environment, background of the crime in this case, circumstances after the crime, etc., by taking into account the following circumstances: The confession and reflection of the sentence, the fact that there is no previous conviction beyond the previous conviction or fine, and the fact that the victim has reached an agreement with the victim: The degree of injury to the victim has taken heavy ice, without any special reason;

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