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(영문) 전주지방법원 2020.08.18 2020고단640
특수상해등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A special injury: (a) around 03:15 on January 15, 2020, the Defendant saw the disturbance to the “B hotel B hotel in Gunsan City,” and asked the victim’s friendly arrest of employees of the said hotel (28 years of age) to find the disturbance and to be boomed; (b) led the victim’s flab by hand to the method of forcing the victim’s flabing and forcing it to do so; and (c) caused the victim’s injury, such as the left flabing flab, which is a dangerous thing at that place, one time, to the victim’s left flab, and then, to the victim’s injury, such as the left flabing flab on the left flab requiring the victim’s treatment for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. The Defendant detained the victim by forcing him/her to take the victim, who requested him/her to be cooked at a time and place as set forth in Paragraph 1, into the guest room, and assaulting the victim for about four minutes, and preventing him/her from leaving the guest room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of damaged parts, photographs of criminal tools, diagnostic instruments, and CCTV images-faging photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 276 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 276 (1) of the Criminal Act;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Article 62 (1) of the Criminal Act;

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

1. One year to fifteen years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Injury) [Type 1] Special Bodi Injury [Special Bodily Injury] Mitigation Elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigation area, imprisonment with prison labor for four months through one year;

(b) Second crimes (decision of types), arrest, confinement, abandonment, or abuse;

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