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(영문) 의정부지방법원 2019.08.29 2019고단1787
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 20:30 on February 10, 2019, the Defendant: (a) stated that the victim D (the age of 61) who francing and drinking in a line with other tables is under the influence of alcohol; (b) stated that the victim D (the age of 61) who francing and drinking in his/her table on his/her table and on his/her table “Ne is different from that of a building site”; and (c) made the victim’s head one time as a francing disease, which is a dangerous object on his/her table, and put the victim’s head into two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, D, and G;

1. Application of the statutes governing damaged photographs, CCTV images, CCTV images, and CCTV images;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One year to ten years; and

2. The scope of the recommended sentence according to the sentencing guidelines (determined of types) according to the range of the recommended sentence [the determination of types] according to the sentencing guidelines, the special injury, repeated injury, injury (type 1] [the scope of the recommended sentence] [the scope of the recommended sentence], four months to one year [the scope of the corrected recommended sentence] from 4 months to 1 year (the basic area] imprisonment (the lowest limit of the sentencing guidelines is lower than the statutory applicable sentences, and therefore the lower limit of the applicable sentencing standard is set according to the law applicable sentences

3. The Defendant sentenced the sentence to a punishment: (a) caused the victim’s hair to a fluoral disease, which is a dangerous object on the ground that the victim fluences in the trial; (b) caused the victim’s hair; (c) the method and form of the crime are inferior; (d) the victim’s departure amount is so inappropriate that the result of the crime cannot be deemed to be less than that of the crime; and (e) the fact that there was two times of fines due to the same kind of injury, etc.

However, the favorable circumstances, such as the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant agreed with the victim and the victim, and other favorable circumstances, such as the Defendant’s age, character and behavior, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc.

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