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(영문) 춘천지방법원 영월지원 2020.04.07 2019고단604
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On September 5, 2019, at around 04:55, the Defendant observed that the Defendant had sexually good friendly C was together with the victim D (the age of 44) in a usual manner, and misleads the victim and C with a relationship with a chain, and caused the injury to the victim, such as an open wife, etc., to view the need for medical treatment for about 14 days, by putting about about 70 m in the length of a pipe of Aluminium, which is a dangerous object after the victim was pushed up by the victim after the victim was pushed up, and the victim was pushed up with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to photographs of victims, such as a report on internal investigation (field and description of the suspect), on-site photographs, photographs of criminal tools, records of personal injury diagnosis, and photographs of damaged body;

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. Article 62 (1) of the Criminal Act;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant, due to the minor misunderstanding, abused the victim in a non-discriminatory manner by using Aluminium pipes.

The degree of injury of the victim is not somewhat weak.

Defendant has been punished four times for violent crimes, such as the crime of injury, etc.

However, the defendant commits a crime.

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