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(영문) 춘천지방법원 2019.07.24 2019고단391
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 April 4, 2019, around 19:20, the Defendant: (a) opened the victim’s house in Chuncheon-si B (manam, 60 years of age); (b) opened the victim’s house; and (c) opened the victim’s house, and made the victim’s house “one-to-one and one-day,” without any particular reason; and (d) opened the front door and laid down the part of the victim’s head with rubber net (35 cm in length) which is a dangerous object used by the victim, and caused the victim’s bodily injury, such as the impairment of the two feet, which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (related to verification of counter parties to D) ;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines (determination of types) for violent crimes: Special injury, repeated injury [Class 1] for a special injury (special person in a special form): In cases of causing serious bodily injury: In cases of a crime intended for, or repeatedly committed for, unspecified or large number of victims, or over a considerable period of time, (the scope of the recommended sentence and the recommended sentence] basic area, six months to two years [the scope of the recommended sentence corrected by the applicable sentencing guidelines] imprisonment for one year and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable minimum limit of the applicable sentencing range is set by law).

3. Determination of sentence: One year of imprisonment and two years of suspended sentence;

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