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(영문) 춘천지방법원 강릉지원 2020.02.20 2019고단1396
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

At around 17:00 on October 26, 2019, the Defendant, while drunkly drinking in front of C’s door in front of C’s door in the East Sea and being in a dispute with D (51 years of age) with the victim, she was faced with assault, and when she was frighted once by drinking the victim’s face, she ran the victim’s face up to the floor, she took the victim’s face into drinking, and she took the victim’s face into drinking. After putting the victim’s head on his/her hand one time by putting the victim’s head, which is a dangerous object, on his/her hand, and she inflicted injury on the victim, such as two open wifes, which requires approximately two 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. Statement made to D by the police;

1. A medical certificate;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to a criminal report (to attach a video CD and photograph at the time of the commission of the crime), screen pictures CDs taken on the face of the crime, on-site photographs (on-site photographs on the main page of the

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years;

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 applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Circumstances disadvantageous to the decision of sentence: The method and degree of assault against the victim by the defendant are very serious;

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