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(영문) 의정부지방법원 2020.04.27 2019고단5153
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 00:30 on October 7, 2019, the Defendant, on the side of the beer’s disease, who is a dangerous object on the ground that the victim D(61 years of age) who is a senior ship of a high school said half-yearly, was at the right side of the victim and at the right side of the treatment days, the Defendant sustained the injury where the upper part of the beer’s right side of the treatment days is teared.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the bodily injury of a victim, face photographs, and beer disease photographs;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (the special person concerned] Special Injury [including a serious effort to recover damage] mitigated elements: Reduction area (the scope of the recommended area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range in law, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range under law).

3. Determination of sentence: The crime of this case with six months of imprisonment and two years of suspended sentence is a dangerous crime that could have inflicted serious injury on the victim, considering the means of crime or the level of damage;

실제로 피해자는 이 사건 범행으로 8바늘을 꿰맸다.

The defendant has been punished for three times due to violent crimes.

However, the defendant reflects his mistake, the defendant paid 50,000 won to the victim under the name of medical expenses, etc., and the victim does not want the punishment of the defendant, and the age, character and conduct, environment, family relationship, and the motive and motive of the crime.

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