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(영문) 수원지방법원 2021.01.14 2020고합702
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On May 13, 2020, the Defendant 09:53 around 09:53, the Defendant, and the Victim C (47) in the G cafeteria, which carried on the business, brought the Defendant to the D cafeteria, “it is unnecessary for the Defendant to cut off the lux.” The victim stated that “it is unnecessary to cut the lux..............., the Defendant ran the part of the victim’s luxine (20cm, height 10cm, fluor container) in hand, which is a dangerous object at the lux.

As a result, the defendant injured the victim by an open wound that requires treatment for about 14 days.

Summary of Evidence

1. Application of Acts and subordinate statutes on diagnosis of injury in the police report to the defendant's legal statement C, and photographs taken on the part of damage;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury [including the scope of the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range of the law is applicable).

3. The crime of this case in which the defendant committed the crime of this case in the sixth degree of judgment was committed by putting the head of the victim in a elel not, thereby causing an injury requiring two weeks of medical treatment, and the liability for the crime is not exceptionally applied in light of the circumstances and risks of the crime;

However, the defendant recognizes the crime of this case and is against the law.

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