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(영문) 수원지방법원 여주지원 2020.01.20 2019고단1142
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 13, 2019, the Defendant: (a) around 01:15, at an entertainment drinking house “C” located in Singingju City B; (b) at an entertainment drinking house, the victim D (the victim 47 years of age) prevented the Defendant from working, thereby falling short of plastics (15cm in diameter, and 4cm in height) which is a dangerous object on his/her table, and caused the victim’s injury to the victim, when the victim’s end is left at the end, the number of days of treatment of which cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, D, and F;

1. Investigation report (as to the contents of the case’s G and telephone communications with reference witnesses);

1. A report on occurrence (special injury, etc.);

1. On-site photographs;

1. Report on internal investigation (as to the photographing of the standing room);

1. The investigation report (as to the failure to attach a medical certificate)

1. Application of Acts and subordinate statutes to a report on investigation (with respect to goods used for committing an offense);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service and lecture attendance order;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: One year of imprisonment (three years of suspended sentence), three years of probation, an order to attend a lecture for violent therapy for 40 hours, and an order to provide community service for 400 hours has the career of having been sentenced to 12 times of violent crimes, and one time of sentence and four times of suspended sentence of imprisonment.

Nevertheless, the defendant is in danger.

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