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(영문) 의정부지방법원 2020.12.10 2020고단2487
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 April 16, 2020, the Defendant, around 12:50, 100, 100, she was a citizen of the city of Speaker, and was injured by the victim, on the ground that the victim, who she was under drinking together with the victim B (38 years of age), she was under drinking alcohol, on the ground that he was frighter, and she was living together with the victim, on the face of the victim, on the ground that the victim was frighter, who was under drinking together with the victim B (38 years of age) and was frighter, a dangerous object at that place (14 cm, 18 cm in height), and suffered injury, such as the removal of the bones, which requires approximately three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The investigation report (the weight and the confirmation of the size of the criminal implements);

1. Application of the Acts and subordinate statutes to CCTV photography photographs, diagnostic records, and photographic tools of crimes;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under law: One year to ten years; and

2. The scope of the recommended sentence according to the sentencing guidelines (decision of types) shall be limited to the range of recommendations (decision of types) according to the sentencing guidelines in which there is no special injury, repeated injury, injury (type 1) (the scope of recommendations] (the scope of recommendations), six months to two years (basic area).

3. The defendant sentenced to the sentence, on the ground that the victim's attitude was involved in misconduct, laid a steel tin tin in the victim's face for three weeks, and caused a large quantity of flabing with tear tearing, in light of the circumstances of the crime, the method of the crime, and the tool used, and the victim caused a large quantity of flabing in addition to the flabing of the bones. The result of the crime is not easy; however, the defendant did not make any effort to recover damage up until now, and did not agree with the victim, and is sentenced to imprisonment for the same kind of violent crime.

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