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(영문) 의정부지방법원 고양지원 2019.04.26 2019고단599
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 31, 2018, at around 21:30 on December 31, 2018, the Defendant, at the 1st week of "C" located in Thai City B, brought a dispute with the victim for an unforeseen reason while drinking alcohol together with D (the age of 46) with the victim D (the age of 46), and brought a bodily injury upon the victim’s head, which is a dangerous object on his/her own trust, and caused the victim’s head to suffer from a breathic injury where the number of days of treatment cannot be known.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of on-site photographs, photographs of damaged parts, and photographs of damaged parts of the Act and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines (decision of types) [Article 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], reduction area of punishment

2. Although the nature of the crime of this case is extremely poor in light of the risk of the Defendant’s use of the sentence, and other factors such as the risk of the Defendant’s use of the crime of this case, considering the circumstances favorable to the Defendant’s recognition of the crime of this case and reflects his mistake, and the victim and the victim’s consent do not want the punishment of the Defendant, the punishment as ordered shall be determined by taking account of the following factors, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.

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