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(영문) 수원지방법원 안산지원 2020.05.07 2019고단3832
특수상해
Text

A defendant shall be punished by imprisonment for six 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 September 2, 2019, around 19:45, at the main point of “C” on the 1st floor B in the Gyeonggi City, the Defendant: (a) seeed the horses of the victim D (n,e.g., 51 years of age) and drinking, “the victim d (n, 51 years of age)” from the victim, and dumpeded to “the victim dump for a prone crisis”; and (b) dumpeded, dump, which is a dangerous object on the table bble, caused the victim’s injury, such as two-time injury, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of statutes, such as field photographs, materials of injury diagnosis, prescriptions, etc.;

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. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The range of recommendations on the sentencing criteria: Imprisonment with prison labor for a period of six months, which is the lowest limit of the applicable sentencing standards: the lower limit of the applicable sentencing standards shall be changed to the lower limit of the applicable sentencing standards in law, as it is lower than six months.

1 year (Scope of Recommendation) / Type 1 (Special Bodily Injury) / Special Mitigation Zone (2 months to 1 year) (Special Mitigation Zone) / Minor Bodily Injury and Penalty not to be imposed

3. Determination of sentence has the record of punishment more than once in the crime related to violence, the method of the crime of this case is very dangerous, on the other hand, that the victim did not have any serious injury, that the defendant agreed with the victim, that the defendant agreed smoothly with the victim, that the defendant recognized the defendant's mistake and reflects it, and other circumstances shown in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.

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