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(영문) 수원지방법원 여주지원 2020.06.15 2020고단473
특수상해
Text

A defendant shall be punished by imprisonment for six 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

At around 13:09 on April 6, 2020, the Defendant saw the victim B(63 years of age) and alcohol at the Defendant’s house located in C, and saw the victim’s desire from the victim’s house, or took the victim’s hand, “this ice, dog,” and continued to take three times the victim’s left side buck, and each part (175cm in length, 2.5cm in thickness) which is an object in danger of hearing the victim’s desire to take again from the victim’s end at the victim’s house (175cm in length, 2.5cm in thickness), and caused the victim’s injury, such as an open body, where approximately two weeks of treatment is required.

Summary of Evidence

1. Investigation report (on-site situation, etc.) on the police statement B of the defendant's court statement;

1. A medical certificate and a victim's photograph;

1. Application of Acts and subordinate statutes to photographs, such as site;

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;

1. Reasons for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation Orders under Article 62-2 of the Criminal Act (not including the scope of liability for damages

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types]. Special injury by special injury and repeated crime [type 1] special injury [special person] mitigated element: In cases where victims are fully responsible for the occurrence of or the expansion of damage to a crime, [the scope of the recommended area and the recommended punishment] mitigated area, imprisonment for four to one year [the scope of the recommended punishment corrected by the applicable sentences] for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, so the lower limit of the applicable sentences in law is inconsistent with the applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and 80 hours (two years of suspended sentence), the accused of a community service order prices the victim’s side glass and head in the long atmosphere of the victim, and considerable blood transfusions occurred in the damaged part, and thus, the method of committing the crime.

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