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(영문) 인천지방법원 부천지원 2019.11.29 2019고단3042
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

Around 10:55 on July 29, 2019, the Defendant, at the Busan-si Office No. C, was an employee of the Dongcheon-si Office, and the Defendant, from the victim F (the age of 43) who is an employee, heard the horses, “Woo Hawk Hawk Hawk wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn wn, respectively, sustained the victim’s left head and back part on one occasion, and sustained two parts of the left shoulder wn wn wn wn wn that the victim cannot know the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A copy of the damaged part photograph and clinical records of an emergency medical center;

1. Application of Acts and subordinate statutes to photographs, such as a report on the occurrence of a crime, on-site and cutting machines, internal investigation reports, internal investigation reports, internal investigation reports, and closure of video images;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: (a) the Defendant recognized his mistake and reflects the fact that there is no record of punishment exceeding the fine; (b) the motive and background of the instant crime; (c) the degree of injury to the victim; and (d) the victim shall be paid KRW 12.7 million and the victim shall be punished against the Defendant by agreement with the victim

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