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(영문) 수원지방법원 2020.06.18 2020고단1226
특수상해
Text

A defendant shall be punished by imprisonment for two years.

One set of documents (No. 1) seized shall be confiscated from the accused.

Reasons

Punishment of the crime

At around 19:03 on February 17, 2020, the Defendant thought that the victim D(the age of 28) made a speech to the Defendant, and taken a dangerous gate (the total length of 39cm) which is a dangerous object from the Defendant’s bank, in his hand, taken the victim’s head into 3:4 times, and put the victim into an open gate that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of the existing Acts and subordinate statutes of one injury diagnosis report, gene assessment report, upper part photograph, CCTV image-cape, seized Dogri (No. 1);

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than ten years;

2. Scope of recommended sentences according to the sentencing guidelines: There is no type 1 (a person who is specially injured) (a person under consideration) of the injury by a special injury by a repeated crime and the injury by a repeated crime committed during a period of not less than one year, but not more than two years [a person under consideration] basic area (a person under recommendation area] (a person under consideration for not less than six months but not more than two years: Provided, That where the lowest limit of the scope of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, the lower limit

3. Determination of sentence: Imprisonment with prison labor for a two-year defendant is very heavy in that he/she inflicts an injury at the price of the head of the victim several times on a stolen basis, which is a dangerous thing previously held without any special reason, and the crime is very heavy;

Although the victim appears to have suffered serious pain and fear due to the instant crime, the Defendant did not take any measures to recover from damage, and did not receive any suspicion from the victim of the instant crime.

However, it is somewhat favorable to the defendant that the defendant has no record of criminal punishment or criminal punishment exceeding the fine for the same kind of violent crime.

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