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(영문) 전주지방법원 2021.01.12 2020고단2133
특수상해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

On July 13, 2020, around 10:05, the Defendant brought a dispute over the victim’s house C (n, 77 years of age) located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City on July 13, 2020, on the ground that garbage from the victim’s house from the victim’s house caused the Defendant’s house to prevent the Defendant’s house roof and drainage, the Defendant brought an open top room for the victim’s face for approximately 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Six months to five years from the imprisonment with labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person who is subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment, April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum limit of the applicable sentencing range under law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. In light of the fact that the Defendant had had a past record of having been sentenced to multiple criminal punishment, it is inevitable to impose a certain degree of criminal punishment, in view of the fact that the Defendant committed the instant crime, and the degree of injury suffered by the victim is not minor.

However, the execution of imprisonment is suspended considering the fact that the crime of this case appears to have been committed somewhat contingent, that the defendant agreed promptly with the victim at the investigation stage, and that the defendant seems to have a good health for the aged.

The age, occupation, sex, family relationship, and family relationship of the defendant.

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