logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.03.04 2020고단8033
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 13, 2020, the Defendant discovered the body of the victim D (the remaining and 55 years old) who is a cafeteria located in the Daeung-gu, Young-gu, Young-si B on August 13, 2020, and found the body of the victim, but on the ground that the victim neglected the victim, he collected the small-scale disease, which is a dangerous object on the table, and caused the victim's head by putting the victim's head at one time and causing the victim's injury, such as sugar, in which the number of days of treatment cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes on the scene photographs of police statements made by the defendant against D in his/her legal statement, 112 report processing records, medical examination and treatment certificates, and medical fees receipts;

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 punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year (the type of determination) (the lowest limit of the applicable sentencing in law is applicable in cases where the lowest limit of the sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, and the minimum limit of the applicable sentencing range is applicable in cases where the minimum of the applicable sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for eight months, and two years under a suspended sentence, the defendant who carried dangerous articles and inflicted an injury on the victim as stated in his/her reasoning, and such crime is less than that of the victim;

However, the defendant seems to have an attitude to make a confession of all crimes and reflect against himself/herself, the defendant has lost his/her ability under the influence of alcohol and led to contingent crimes, the defendant has expressed his/her intention that he/she does not want to be punished by agreement with the victim, and the defendant has an objection.

arrow