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(영문) 의정부지방법원 2019.06.12 2019고단115
특수상해
Text

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

Defendant’s summary C in Guate Government B around November 27, 2018, around 01:20

At the main point, when drinking alcohol with other tables, the beer's disease, which is an object dangerous to the victim D (year 56) who prevents him from drinking alcohol while drinking alcohol, was put in a beer's disease, and the head of the next victim was cut in a beer's disease once, and the victim was placed in an open head cover for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Side photographs of the damage caused by the assault and on-site photographs;

1. Confirmation of the list of 112 reported cases and CCTV for investigation reports9 cases;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258 (1) of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defense counsel on the assertion of counsel under Article 62-2 of the Social Service Criminal Act asserts that the defendant was in a state of mental disorder by drinking at the time of the crime in this case.

According to the records, although the defendant seems to have taken alcohol at the time, it seems that the defendant had weak ability to discern things or make decisions at the time of committing the crime of this case, the above assertion by the defense counsel is not accepted.

Reasons for sentencing

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the scope of the recommended punishment according to the sentencing guidelines [the category 1] special injury [the person in special form] special injury [the person in special form] - mitigated factors: In terms of reduction [including a serious effort to recover damage] reduction area and the scope of the recommended punishment], four months to one year [the scope of the recommended punishment revised according to the sentencing guidelines] imprisonment for six months and one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the lower limit of the applicable sentencing range is in accordance with the law).

3. The Defendant, who was sentenced to sentence, was punished for each same kind of crime around 2001, around 201, around 201, and around 2013.

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