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(영문) 수원지방법원 안양지원 2019.10.17 2019고단1619
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 became final and conclusive.

Reasons

Punishment of the crime

On July 24, 2019, at around 23:10 on July 24, 2019, the Defendant provided a conversation related to the victim D(35 years of age) and E Association to which he belongs, with the victim D(35 years of age). On July 24, 2019, the Defendant inflicted an injury on the victim, such as a non-furnal c, which requires approximately 42-day medical treatment on the part of the victim, due to a beer disease, which is a dangerous article on the table.

[Defendant asserted that he did not memory under the influence of alcohol at the time, but according to each of the above evidence, it does not seem that the Defendant, under the influence of alcohol at the time of committing the instant crime, lost his ability to discern things, make decisions, or lacks the ability to do so.] The abstract of the evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F, D, and G;

1. Investigation report (H telephone call of a shote);

1. A list of 112 incident settlement records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the scene and the victim's photograph;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (resumed as follows)

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury (special person in a form of punishment] - mitigated elements: Reduction area of punishment [the scope of recommendation area and recommendation range], mitigation area, imprisonment for four months to one year [the scope of recommendation punishment revised according to the applicable sentencing range], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Circumstances unfavorable to the decision of sentence: The Defendant assaulted the victim with beer and beer, and inflicted an injury on the victim, such as the bones and bones of the victim.

The method and result of crimes, etc. shall be considered.

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