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(영문) 수원지방법원 안양지원 2019.10.23 2019고단1738
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 02:00 on July 20, 2019, the Defendant, while drinking alcohol to the victim E (28 years of age) and alcohol from the building B (28 years of age) of the Defendant’s residence, the Defendant left the victim’s head at the glass, which is a dangerous object, on the ground that the victim’s strings the victim’s head, and cut the victim’s head, thereby leaving the victim’s head at a level of about 11cm, about 5cm in width.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 3 and 4);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Reduction elements of punishment (including serious efforts to recover damage) or considerable damage, in the event that the scope of the recommended sentence according to the sentencing guidelines (determination of types) according to the sentencing guidelines is reduced [the scope of the recommended sentence], reduction scope of punishment (including the scope of the recommended sentence], months from April to one year (the scope of the corrected recommended sentence] from June to one year (the lower limit of the scope of the sentence recommended by the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing range, and thus the lower limit of the applicable sentencing range shall be set according to the statutory applicable sentencing range).

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

The crime of this case was committed at a disadvantage: The defendant's head of the victim who was sexually disputing in the drinking place was at a price remaining for the second time, and the crime was committed in light of the form of crime, etc.

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