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(영문) 춘천지방법원 강릉지원 2019.08.13 2019고단747
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 4, 2019, at around 23:30 on May 4, 2019, the Defendant: (a) while drinking alcohol with the Victim D (Inn, 57 years of age) that was known in Gangnam-si B; (b) brought about a dispute with the victim’s desire to the Defendant; (c) broken off the table flab by getting the victim’s blag with a beer or beer disease; and (d) put the victim’s left part of the dangerous object into an open top, wherein the victim’s treatment for about seven days is required; and (e) put the victim into an open top and an open top of ear.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A report on investigation (on-site photographs);

1. Application of investigation reports (CCTV images and CD attachment), CCTV images, and video CD-related Acts and subordinate statutes;

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

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

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment with prison labor for up to 4 months and one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] 6-1 years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Circumstances unfavorable to the determination of sentence: A favorable circumstance in which the nature of the crime was bad in light of the risk of the method of the crime in this case, and the risk of serious damage was high: The defendant recognized and reflected the crime, and agreed with the victim.

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