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(영문) 수원지방법원 안양지원 2018.11.13 2018고단1278
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

As between the victim B (33) and the high-class private village, the Defendant created conflicts with the mother of the victim who was the mother of the deceased, due to the problem of the division's funeral. On August 6, 2018, around 21:10, the Defendant found the hives (12 cm in length, 25 cm in total) that are dangerous goods to the house of the victim who was at the △△△△△ in the building C, and found the victim's body by drinking, and caused the victim's head several times with the above hives, and caused approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Seizure records;

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

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 on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48(1)1 of the Confiscation Criminal Act [Article 48(1)1 of the Confiscation Criminal Act] Inasmuch as the Defendant and his defense counsel asserted that the Defendant had mental and physical weakness at the time of committing the instant crime, examining various circumstances revealed in the records, such as the background leading up to the instant crime, method of commission of the crime, the act of the Defendant before and after the instant crime, and the circumstances after the instant crime, there were mental and physical weakness

It is difficult to see it.

The defendant and defense counsel shall not be admitted.

Reasons for sentencing

1. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for up to six months (the scope of the recommended punishment), for special injuries and for repeated crimes: The basic area (up to six months) (up to two years), for which punishment is not imposed (including particularly mitigated efforts to recover damage), or for which considerable damage has been recovered / In cases where the punishment is not imposed (including serious efforts to recover damage), or for which considerable damage has been recovered;

2. Determination of sentence - Determination of favorable circumstances: the agreed with the victim, the degree of damage is not relatively much severe; the crime of this case is committed with the hacks, which is a dangerous article, causing injury to the victim by carrying the hacks, and is in bad quality and is punished by a fine twice due to violent crimes.

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