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(영문) 춘천지방법원 영월지원 2019.07.23 2019고단189
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 23:50 on April 5, 2019, the Defendant: (a) performed drinking together with the victim E (52 years of age) and dynamics at the “C” singing shop “D,” which is located in Gangnam-si B, and carried out drinking together; (b) the victim took a beer’s disease, which is a dangerous object on the table table, and caused the victim to inflict an injury on the victim, such as the embry and the snow open around the eye, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment 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. The Defendant, who was sentenced to the sentence, inflicted an injury upon the victim by having the victim go to the beer disease, which is a dangerous thing.

The crime is not likely to cause serious danger to another person's life and body.

However, considering the fact that the defendant is recognized as committing a crime, the fact that the defendant received a letter by mutual consent with the victim, and the fact that the defendant was a previous criminal record before 30 years, the age, character and conduct, family relationship, and crime of the defendant are considered.

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