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(영문) 의정부지방법원 2020.04.29 2020고단930
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 23:30 on January 29, 2020, the Defendant inflicted an injury on the victim, on the ground that the victim D (ma, 32 years of age) conducted an examination on E, which is located in the C convenience store located in Nam-si, Namyang-si, the Defendant: (a) placed a stone (a 20cm x 12cm x 12cm x 12cm x 12cm) which is dangerous to the victim; (b) placed the victim’s back-hand water one time by using approximately two 21 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of type] of violent crimes: Special injury [Type 1] special injury (special person in a form] - mitigated element: Reduction area of punishment [including serious efforts for recovery of damage] [the scope of recommending area and recommendation range] mitigation area, imprisonment with labor for up to 4 months and one year [the scope of recommendation punishment revised according to the applicable sentencing range]. Six months to one year.

3. The decision of sentencing is highly dangerous in light of the attitude of the act that the defendant saw the defendant to see and let the victim get back.

However, there is no penalty power exceeding a fine after the defendant has received a letter from the victim.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.

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