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(영문) 의정부지방법원 2020.02.05 2019고단3800
특수상해
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant becomes aware of the victim B (the age of 35) and the victim B through his father C, and the defendant has drinking 3-4 drinking together.

At around 14:40 on September 1, 2019, the Defendant: (a) avoided alcohol from the victim and C while drinking a fluoral 47-ro, Geumyang-si, Geumyang-si, 19-ro, Geumyang-si, 47-ro, a gold basin parking lot; (b) the Defendant expressed that “a fluor is the same as the fluor, bit of a bitch,” and used C’s back water on his hand. At this time, the Defendant took the fluor of the victim’s fluoral fluor, and took the fluoral fluor of the victim’s fluoral fluor of the victim’s fluoral fluor of the victim’s fluoral fluor of the victim’s fluoral fluor of the victim’s fluoral fluoral.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. Records of seizure and the list of seizure;

1. All on-site photographs;

1. Photographs photographs of the criminal tools;

1. Photographs photographs of the suspect's body;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Grounds for sentencing under Articles 32 (1) 1 and 26 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the application for compensation applicant is inappropriate as it was made after the closing of argument)

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: The defendant together holds excessive amount of goods dangerous to the end of a trial that he/she drinks alcoholic beverage.

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