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(영문) 수원지방법원 2020.05.29 2020고합176
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

On December 17, 2019, at around 02:30 on 02:30, the Defendant: (a) brought a dispute with the victim in a finite operated by the victim C (hereinafter 57 years of age) with the victim; (b) laid the victim into a binite, which was a dangerous object on the tables of the Defendant, and (c) laid the head of the victim once.

Accordingly, the defendant carried dangerous things with the victim, and committed an injury to the victim, which is open to two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A medical certificate;

1. Application of the statutes on photographs of damaged parts of suspects and CCTV screen data;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] - Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the recommended punishment] mitigation area, prison labor for not less than four months to one year [the scope of the recommended punishment revised according to the applicable sentences]] there is no person [the grounds for suspension of execution] from six months to one year (the lowest limit of the applicable sentences under law] [the grounds for suspension of execution]

3. The crime of this case, which was determined to be sentenced, committed by the defendant at the price of the victim's head by beer and beer who is dangerous to the defendant, in light of the risk of committing the crime, the injury of the victim, the injury of the defendant, the criminal records of the same kind of crime of the defendant (the punishment of a total of six times of fines for crimes related to violence), etc.

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