logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2019.06.12 2019고단287
특수상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a long-term ex post facto relationship with the victim B (the age of 45).

On January 8, 2019, at around 22:10, the Defendant, while drinking alcohol with the victim within the "Dnocheon-gun, Hongcheon-gun, Dancheon-gun," inflicted an injury upon the victim’s head at each time due to beer disease, which is a dangerous thing with his/her mobile phone and dangerous thing, where the number of treatment days for the left head of the victim’s head can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs taken by the police officer in mobilization;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a victim or a suspect's written agreement), investigation report (Refusal to submit a medical certificate of the victim);

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act that choose the penalty for the crime;

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. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, injury by repeated crime [the first category] Special Bodily Injury (the special person concerned] mitigated elements: Insignificant injury, non-won [the area of recommendation and the scope of the recommended punishment] special mitigation range, and two months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, and thus the minimum limit of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Six months of imprisonment with prison labor, two years of suspended sentence (the sentence shall be determined as ordered, considering the fact that it appears that the injury of the victim is minor, that there is no record of criminal punishment except for the punishment imposed twice by a fine, the family relation, age, motive of the instant crime, circumstances after the instant crime, etc., and all the sentencing factors specified in pleadings, such as the crime committed in

arrow