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(영문) 수원지방법원 2020.06.18 2019고단2568
특수상해
Text

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

On April 17, 2019, at around 01:35, the Defendant: C Kick practice room, which is located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, and the Defendant: (a) had a dispute with the victim D ( South Korea, 32 years of age) and singing points in one room; (b) the victim had his face taken several times due to drinking, and (c) had a beer's face, which is a dangerous object against her face, and had the victim taken care of the victim's face by taking care of her head and drinking, and had the victim taken care of her face for about two weeks.

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

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Application of Acts and subordinate statutes to on-site and damaged photographs, victim photographs, and death diagnosis reports;

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

2. Scope of the recommended sentence according to the sentencing guidelines: Type 1 (Special Bodily Inflicting Persons): Reduction element of punishment for a crime of violence committed for not less than six months but not more than one year (Determination of types): The area of mitigation of punishment for a special injury, repeated crime: None of the factors of mitigation (the recommended area shall be based on the lower limit of the punishment by law, since the lower limit of the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law, inasmuch as the scope of punishment recommended by the sentencing guidelines differs from the lower limit of the punishment by law).

3. Determination of sentence: Imprisonment with prison labor for eight months, or two years under a suspended sentence, the defendant who inflicted an injury on the victim by carrying dangerous articles, and whose liability for such crime is minor;

However, as the defendant was assaulted first from the victim while under the influence of alcohol, he/she committed a contingent crime, and the defendant expressed his/her intention that the victim does not want the punishment by agreement with the victim.

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