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(영문) 대전지방법원 2018.11.01 2018고합327
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2018, the Defendant: (a) around 18:05, Cheongyang-gun C301 of the Victim D (44 tax) of Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, paid money to the victim for about four years in lieu of paying the money; (b) the Defendant Dogg (35 cm in total length, 4 cm in length on the day) which is a dangerous object that the victim prepared in advance, carried the Doggg (4 cm in length) that is a dangerous object that the victim prepared in advance, carried out two times on the left-hand side of the victim, and carried out an inspection on the left-hand side that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Eight on-site photographs, on-site photographs, and written request for a return;

1. Application of the statutes on seizure records and the list of seizure lists;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. While the following sentencing criteria are not directly applied to this case with respect to special injuries committed from August 15, 2018, the scope of the recommended punishment according to the sentencing guidelines, it refers to this case:

[Scope of Recommendation] Class 1 (Special Bodily Inflicting Persons) (Specially mitigated Persons) of the Act on the Bodily Infliction of Violence Crimes, the Minor Bodily Injury and Punishment Non-existence of Punishment [Scope of Recommendation] from 2 months to 1 year (Special Reduction Area)

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year; the crime of this case committed by the defendant, which is a dangerous article, shall be deemed to inflict bodily injury on the victim; and the crime of this case shall be deemed to be bad;

However, the fact that the defendant recognized his mistake, the degree of injury is relatively minor, the victim does not want the punishment of the defendant, and the defendant exceeds the fine or has no criminal record of the same kind of crime, considering the favorable circumstances.

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