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(영문) 수원지방법원 2019.09.27 2019고합219
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

The criminal facts (victim C) around 12:40 on January 1, 2019, the Defendant, at the house of the victim C (the female, the age of 65) who is a pro-type B and the head of the wife population D (the age of 65), brought a dispute over the miscarriage problem and brought the head of the victim at his own request.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Part of C’s legal statement (excluding the part not trusted in the front and rear); and

1. Main electronic photograph and field photograph;

1. Application of Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

2. Extent of the recommended punishment according to the sentencing guidelines: Crimes No. 1 (Special Bodily Injury to Victims) (Determination of Punishment) (Special Bodily Injury and Cumulative Bodily Injury to Victims) (Type 1). Special injury [Special Bodily Injury to Victims] mitigated elements: Reduction areas of punishment (the area of recommendation and recommendation range), mitigation areas of punishment [the scope of recommendation range and recommendation range], April through one year;

3. Scope of recommended sentences according to applicable sentences: Where the scope of sentences recommended in sentencing guidelines for six months to one year is inconsistent with the scope of applicable sentences in law, the scope of applicable sentences shall be governed by law.

4. The Defendant brought an injury to the victim by having the victim head several times with the iron found electronic system, where the matter of miscarriage was disputed.

The fact that the victim is a defendant's punishment, the defendant's head head, which may cause a serious result, has been unloaded by ironing electronic, and the number of prices is also several.

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