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(영문) 춘천지방법원 2020.09.08 2020고단610
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 a period of one year and six months from the date this judgment becomes final.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On February 28, 2020, at around 02:40 (see, e.g., evidence No. 33), the Defendant took a bath to the victim on the ground that the amount of alcohol is too high (see, e.g., evidence No. 33) while drinking alcohol at D main points operated by the Victim C (Inn, 50 years of age) at D main points operated by the Defendant, the Defendant took a bath to the victim on the ground that the amount of alcohol is too high (see, e.g., evidence No. 33). On the other hand, the Defendant took a bath to the victim on one occasion (see, e., e., e., Supreme Court Decision 2006Da31310, Feb. 28, 2020).

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A medical certificate of injury and a medical certificate;

1. On-site photographs of the case;

1. Application of Acts and subordinate statutes to a report on investigation (influor photograph of the victim's face), investigation report (influor photograph);

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 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

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

2. The scope of the recommended sentence according to the sentencing criteria (the determination of types) shall be limited to violent crimes;

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