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(영문) 의정부지방법원 2019.08.14 2019고단1788
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 00:30 on February 2, 2019, the defendant argued that the victim D(51 years of age) was 'C' at the main point of the Guri-si B' and that the victim D(51 years of age) was 'wise 1', and agreed to the defendant, together with the victim's his/her head, he/she gets the victim's head, which is a product dangerous to the table table under the influence of alcohol while drinking while drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on field photographs and suspect DNA images;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the taking course and community service order [the scope of the recommended sentence according to the sentencing guidelines] The basic area (6 to 2 years) of the injury by special injury by repeated crime group (special injury) and the basic area (6 to 6 months) of the sentence under the minimum applicable sentences under the law: one year or two years (the decision of sentence] where the defendant was the main place and the main place of the defendant was the main place of the crime, which is the main place that is the main place with a dangerous object with a guard, and thus, the nature of the crime is not very good.

The defendant has been punished for violent crimes even before.

However, the fact that the defendant is recognized as committing the crime and is against the victim, the degree of injury suffered by the victim seems not to be relatively serious, and the defendant also takes into account the circumstances favorable to the victim immediately after committing the crime.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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