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(영문) 의정부지방법원 2020.11.19 2020고단4501
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 became final and conclusive.

Reasons

Punishment of the crime

At around 14:30 on August 23, 2020, the Defendant, while drinking alcohol together with the victim D (main, 65 years of age) who came to know while working at the same construction site B in Namyang-si, Namyang-si, the Defendant: (a) caused the victim to have the head part of the victim one time; and (b) caused the victim to have the head part of the victim's head part of the treatment days when taking the dangerous object into account the victim's head part of the victim's head part.

Summary of Evidence

1. Defendant's legal statement;

1. A list of reported cases handled under the D Agreement 112;

1. Application of statutes on site photographs;

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 to mitigate small amount;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes (the first type] special injury [the special person] special injury [including a serious effort to recover damage] mitigated elements: In the area of mitigation [the area of recommendation and the scope of recommended punishment] mitigated range, four months to one year [the scope of recommended punishment revised according to the sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines).

3. Determination of sentence: The crime of this case is not suitable for committing the act of inflicting bodily injury upon the victim by putting booms, booms and booms, which are dangerous objects;

However, there are many favorable circumstances, such as the fact that the defendant recognized the crime of this case, the victim and the victim do not want the punishment of the defendant, and the fact that there was no criminal record since 2007, and other circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances before and after the crime.

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