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(영문) 의정부지방법원 2020.10.30 2020고단2899
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 00:50 on February 27, 2020, the Defendant, along with the victim D (D, south, 50 years of age) who is a workplace partner at the “C” restaurant located in Namyang-si B, Namyang-si, and performed drinking, on the ground that the victim neglected himself/herself, the Defendant saw the victim as a dangerous object, and saw the victim’s left head one time with the beer disease, and again saw the left side side of the matter.

In order to defend the victim's hand, the defendant continued to be able to flickly with the shouldered beer with the Defendant's hand, and the victim's left rear part of the victim's body was flickly flicked twice, and the victim's left hand was flicked, so that the victim's left hand flicked can tear.

As a result, the defendant carried dangerous objects and carried them for about two weeks to provide medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical 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 applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] - the mitigated element: the mitigated element (including serious efforts to recover damage) or considerable partial damage: [the scope of the recommendation field and the recommendation range] mitigated range, the imprisonment for four months to one year [the scope of the recommendation punishment revised according to the applicable sentencing range] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is applicable in cases where the minimum limit of the sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range), and there is no general person [the grounds for suspension of execution] [no person in general [the grounds for suspension of execution].

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended sentence, and 2 years of suspended sentence, which inflict an injury on the victim by greging a shoulderer disease, which is a dangerous object, the defendant is not subject to the minor punishment, but the defendant is not subject to the minor punishment.

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