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(영문) 의정부지방법원 2019.06.27 2019고단834
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, 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 09:30 on January 8, 2019, the Defendant laid down a cell phone with the victim D (the age of 19) who was fested at the same time in the container of the C business entity established in Seocheon-si B of Gyeonggi-do, and laid down fightings with the victim, and continuously laid down the head part of the victim's head one time in the direction of the victim's head, and continuously laid down the head part of the victim's head one time, which is a dangerous object in the vicinity of the above container, the Defendant continued to put the victim's head part of the victim's head part in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to victim and field photographs;

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

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: One year to ten years; and

2. The scope of the recommended sentence according to the sentencing guidelines (decision of types) according to the range of the recommended sentence [the range of the recommended sentence] according to the sentencing guidelines, the special injury, repeated injury, injury (type 1) [the special person] [the scope of the recommended sentence], the amount of injury (aggravated factor), the amount of punishment not to be mitigated [the scope of the recommended sentence], six months to two years (the scope of the corrected recommended sentence] by imprisonment for one year from one year to two years (the lowest limit of the sentencing guidelines is lower than the statutory applicable sentencing range, and therefore the lower limit of the applicable sentencing standard shall apply

3. The crime of this case, which is a dangerous object of the defendant, was committed by the defendant, with the head of the victim, and the head of the victim was laid down by potteries and potteries, thereby making two parts of the victim’s head. The method and form of the crime are inferior, the victim’s appearance is considerably inappropriate, and the result of the crime is not somewhat weak, and the defendant was released from the same kind of crime even though he was subject to protective disposition and suspension of indictment for the crime of violence.

However, the defendant recognizes and reflects the crime of this case, and is the victim.

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