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(영문) 수원지방법원 성남지원 2019.10.16 2019고단1554
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:40 on March 8, 2019, the Defendant, at the main point of “C” located in Sungnam City A, and around 19:40 on the part of “C”, the Defendant: (a) deemed the victim D (the son) and the victim under the influence of alcohol as “the son was drinking her age above her age,” but (b) refused the victim’s refusal to the effect that “the victim was “I am old, I am old, I am old, and I son’s son’s son’s son’s son who was a dangerous thing, I am this part of the number of days of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing the treatment of damaged photographs, beer photographs, and 112 reported cases;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment for six to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. The crime of this case committed under unfavorable circumstances to the decision of sentence is an injury inflicted on the part of the defendant as an empty beer who is a dangerous thing for the part of the defendant, and the crime of this case is highly poor in light of the danger, etc. of the tools of the crime.

The defendant has been punished twice for the same crime, and he has been sentenced to a fine.

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